CENTRAL CRIMINAL COURT.
SIR JOHN COWAN, BART., MAYOR.
SECOND SESSION, HELD DECEMBER 11, 1837.
MINUTES OF EVIDENCE.
Taken in Short-hand,
GEORGE HEBERT, CHEAPSIDE.
WILLIAM TYLER, PRINTER, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY,
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT.
On Monday, December 11, 1837, and following Days.
Before the Right Honourable Sir JOHN COWAN , Bart, LORD MAYOR of the City of London; Sir Joseph Littledale, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Gurney, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart.; Thomas Kelly, Esq.; Charles Fare brother, Esq.; Aldermen of the said City; the Honourable Charles Ewan Law, Recorder of the said City; Sir Chapman Marshall, Knt.; James Harmer, Esq.; Thomas Johnson, Esq.; John Pirie, Esq.; Thomas Wood, Esq.; John Lainson, Esq.; and John Humphery, Esq.; Aldermen of the said City of London; John Mirehouse, Esq., Common Sergeant of the said City; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
COWAN, MAYOR. SECOND SESSION.
A star (*) denotes that the prisoner has been previously in custody—An obelisk (†) that the prisoner is known to be the associate of bad characters,
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 11th,1837.
First Jury, before Mr. Recorder,
MESSRS. ADOLPHUS and CLARKSON conducted, the Prosecution.
HENRY LIVERMORE . I am shopman to Mr. Thomas Cotterell, a pawn I broker, living at No. 163, Oxford-street. On Saturday, the 21st of I October, about seven o'clock in the evening, the defendant Harris came I into my master's shop—he was dressed in a similar way to what he is I now, except that he had a silver guard-chain round his neck, a brooch in his shirt, and a ring on his finger—he had quite a respectable appearance—when he came into the shop he took this watch from his guard-chain, and this ring and brooch from his pocket—he was not wearing them on his finger and shirt—he said, "Will you lend me 10l. on these; I am going to a concert» and don't like to go without a few pounds in my pocket"—and he said, "I bought this ring of you about three years ago, and the brooch I bought in Paris"—on examining the watch, I saw something which led me to suppose that the Hall mark, which represented the Goldsmiths' mark on both cases, the inner and outer, was a forgery; and on pulling back the case, I broke it off the hinge—I said nothing to Harris about it, but said, "Does the watch belong to you?"—he said, "No; the watch belongs to Mr. Knowles, and in fact they all belong to Mr. Knowles"—I said, "You told me just now you bought the ring of me, and the brooch in Paris"—he said, "I meant to have said the ring was bought of you, and the brooch was bought in Paris"—the ring had not been sold in our shop, because all our diamond articles are booked—this is a little rose-diamond—it is worth altogether about 12s. or 14t.—it is one of the commonest description of rose-diamonds.
COURT. Q. Might it have been a pledge, and sold? A. If so, it would be sold at the sale-rooms—we could have bought it in at the sale-rooms; but if we had done so, it would have been entered, and I should know it.
MR. CLARKSON. Q. You say he said, "In fact they all belong to Mr. Knowles?" A. Yes—I asked him where Mr. Knowles lived—he said, "At No. 8, Paddington-street"—I said, And where do you live?" and asked him his name—he said his name was Harris, and he lived at No. 15, Lower-street, Lambeth (but I believe it is Lower-marsh)—I said, "Have you any objection I should send somebody with you to see that Mr. Knowles does live there, the man who sent you with these things?"—he
said, "Oh, I will go and fetch him," and turned round quickly, and went out of the shop, leaving the property behind him—he walked very sharply out of the shop—I was behind the counter—I went to the door, but he was out of sight—it was dark at the time—he did not return that night,—next morning I went to No. 8, Paddington-street, and found Knowles did not live there—I have examined the watch—as it is only a metal one, we should not be able to get of a private person more than 50s. for it—it would depend very much on the quality of the work—it is a lever movement—if it was not for the quality of the works it would not fetch more than 25s.—this description of movement would not fetch more—if it was made to order, it would come to more; but if bought in the shop, not more than 50s.—in the way of trade it would not be more than 2l.—I should think a watch-maker would charge 4l. for it, if an order was given for it—the brooch is worth 12s. or 15s.—it is gold, but I take it to be common gold—there is a way of gilding common gold, colouring it, to make it look like fine gold—there is a stamp on this.
COURT. Q. Is not this a French mark? A. No; it is an English mark—it is an English made article—I believe it to be gold—the stone is an amethyst, but it is a common one, worth about 2s.—not more.
MR. CLARKSON. Q. I believe you can buy a necklace and ear rings in amethyst for 5l.?A. Yes, and lower—all entirely stone—they are the cheapest of the precious stones—the topaz is about the same price, unless pinked over—they are dearer then.
Q. On Monday did the other defendant, Knowles, come to the shop? A. Yes, on the 23rd, between eleven and twelve o'clock—he said "I have called for a watch, brooch, and ring, which I sent Harris to pawn for men Saturday"—I asked him what it was—he said a kind of metal or silver gut—(I did not know him at that time—I think I have seen him repeatedly before, but not to swear he is the man—I did not know Harris before at all)—I asked him his name—he said Knowles—I asked him where he lived—he said at No. 1, Woodstock-street—(I found that to be correct)—I asked him where he got the watch from—he said he bought it of Mr. Husted, at Machin's sale-rooms; that he owed Harris 8l., and he told Harris to pawn them, and pay himself—Mr. Cotterell had in the meantime taken the watch to Goldsmiths'-hall to ascertain about the mark—I did not tell Knowles that, but I said Mr. Cotterell was not in the way, and if he would call again to-morrow he could see him—I did not ask him any thing about Harris, or where he lived.
COURT. Q. What sort of a watch is it? A. A patent lever—it if a duffin watch, made to deceive the public—there has been about 300 pawned about the trade within three years—it is an old-fashioned lack lever—it has a jewel in it—a watch could be jewelled for 5s. in that way—it is gilt upon brass.
MR. CLARKSON. Q. Well, you told him Mr. Cotterell was not at home? A. Yes, and said would he call the next day?—he said he would—next day a person, whom I have since ascertained to be Charles Skymsher, came to the shop, and produced a note, which I have here—on reading it, I told him he could not have the property unless he brought the man who had left it on the counter—I had not seen Harris from the time he had gone out, leaving the property on the counter, up to that Tuesday—on the following Wednesday Skymsher brought Harris to the shop about eleven or twelve o'clock in the morning—I said to Harris, 4 We have ascertained that the watch bears a forged hall-mark"—he said, "Knowles sent me with it
I did not offer it for gold"—I told him he had offered it at a gold price, and I could not let him go without taking him before a Magistrate—he then said, I did not offer it for gold"—I said he had at a gold price—the policeman was there at the time—there is a very great deception about the article—I did not discover any thing myself till after I took the movement out of the case to weigh it, to see what weight in gold there was, and in doing so I ascertained it was not gold, from something I saw in the case at the time I weighed it.
Cross-examined by MR. PAYNE. Q. You speak of going to No. 1, Woodstock-street—was that Great Woodstock-street? A. Yes, it runs out of Paddington-street—it joins on—No. 1 is the corner house of Paddington-street—there is a dead wall at the corner—it is the first house you come to on the right-hand side—the first house going out of Paddington street—I made a memorandum of our conversation at the moment—I wrote it down at the back of a duplicate—I have not got it here—I have a copy of it—I only wrote part of it, enough to remind me—Mr. Cotterell has a shop in Shoe-lane, as well as the one in Oxford-street.
Cross-examined by MR. JONES. Q. What is the number of the last house in Paddington-street, before you turn into Woodstock-street, is it No. 7? A. I think it is four or five doors from No. 8—I will swear it is more than one door from Woodstock-street, and more than two, I am sure of that—when I first asked Harris his address, he gave me the name of Harris—I believe he gave me the name of Michael Harris—he said he did not know it was not gold, and that Knowles had sent him.
Q. Is this watch on the face of it calculated to deceive a person who had it in his hands for a few minutes only?—A. Yes, it very much re sembles a gold watch—our shop is not a quarter of V mile from Padding ton-street.
MR. CLARKSON. Q. Is the house, No. 1, Woodstock-street, a corner house? A. Yes, but there is a dead wall between there and Paddington street, about the width of two houses—I dare say it is forty or fifty feet long—no part of the premises of No. 1 Woodstock-street form any frontage to Paddington-street—Woodstock-street is a much inferior street to Paddington-street.
Q. Is there any thing in giving an address as No. 8, Paddington-street, which would at all lead you to go to No. 1, Woodstock-street?—A. No, not at all—Harris said he did not know the article was not gold, and he had brought it from Knowles to pledge—he took it from a silver guard chain to which it was attached by a swivel—he had it in his waistcoat pocket.
JOHN SMITH . I am engraver to the Goldsmith's Company. The marks on this watch are forged—(looking at it)—it is intended to resemble the Hall mark—both the marks on the outer and inner cases are forged—(looking at the brooch)—I am not able to say whether this is a foreign material or not—I cannot find any mark denoting the Goldsmith's mark on it—there are the figures 18,. but we should not put that on a brooch alone, we should attach the crown and a letter.
COURT. Q. What is the Irish hall mark?—A. That has the harp in addition to the crown—this does not at all resemble the Goldsmith's Halt mark or the Irish mark—the pendant and lever is silver, and has the genuine Hall mark on it.
Q. What is the difference between the silver and gold mark? A. The pendant, if gold, ought to have a crown and No. 18, and the silver a lion and a letter—this has a lion only—the letter is not visible.
CHARLES SKYMSHER . I live with my brother at No. 120, Oxford-street and am an artist I remember the defendant Knowles coming into my brother's shop—it was on a Monday, and I think it was the 23rd of October—he was conversing with my brother, who is a silversmith—I came down into the shop and heard him say he had been pledging some goods or sent them to be pledged at Mr. Cotterell's, and that they would not give them. back again—he asked me to go and demand them for him, and he gave me this note as an authority to do so—(read) To Mr. Cotterell, Oxford-street, 23rd October.—Sir—Please to deliver to the bearer, Mr. Skymsher, the property presented to be pledged for me on Saturday last, (consisting of a lever watch, a brooch, and diamond ring, who is authorised by me to receive the same, having called this day myself without being able to obtain them. I am your obedient servant, "1, Woodstock-street. "" HENRY KNOWLES. "
Q. How far is your brother's shop from Cotterell's?—A. Not a great way—it is on the same side of the way—1 took the note and presented it to the shopman at Mr. Cotterell's—I saw the shopman, and returned home to my brother's—Knowles was not there on my return—on the following morning Knowles and Harris both came to my brother's, and I then told them what had passed between me and Mr. Cotterell's young man in the shop—that he had told me he could not deliver up the goods but to the person who pledged them, or who brought them there in the first instance—after telling them that, I took Harris to Mr. Cotterell's, and on our way there we had some conversation—I cannot say who began it, but I asked him if it was true that Mr. Knowles owed him any money—I said "I am afraid you have misrepresented this matter to Mr. Cotterell, from what the young man has said to me"—I believe that was the beginning of the conversation, but I do not know who began it—I really cannot recollect—he said he had not, but he said "They asked me so many questions that I was afraid"—he did not say of what, but he said that was the reason he left the shop—he asked me if I thought they would ask him any more questions he did not say why he wished to know that, but I said to him, "If they do, tell the truth exactly as you know it"—I then asked him if he had dealt with Knowles, and if Knowles owed him any money, and he said he did.
Cross-examined by MR. BODKIN. Q. Did you not ask him if he had given his right address?—A. I do not recollect that—my brother is a master silversmith—he keeps a house and shop in Oxford-street—I was there accidentally—I live in the country myself—Knowles appeared to me to address my brother as if he was previously acquainted with him—he came there to state to him what had occurred at Mr. Cotterell's, and to ask his advice what he was to do—Knowles asked me to go to Cotterell's shop and demand the things.
Q. Are you sure it was not you offered to go, upon hearing him state the circumstance to your brother?—A. I offered to go on hearing him state the circumstance—Knowles and my brother spoke of an action or proceeding for the recovery of the articles detained, and it was said as a pre liminary to any proceeding of that kind there should be a formal demand made of the things—and upon that I volunteered to make that demand.
Cross-examined by MR. JONES. Q. When you said to Harris that you were afraid he had misrepresented the matter to the pawnbroker, did not he say he had not? A. Yes—I do not recollect whether or not I asked him if he had given the pawnbroker his proper name and address.
Q. Did you not say, "Have you given your proper name and address;"
and did not he say, "I have"? A. It is very probable he might, I do not recollect the circumstance—he made no objection to going the pawnbroker's—he said, I am ready to go with you," and went immediately.
MR. CLARKSON. Q. You say, Knowles appeared in familiar convertion with your brother—did not you find them in conversation when you came down? A. Yes.
Q. Did you ever mention about any thing being said about an action before? A. No; I was never asked about it—it did not occur to me as necessary at that moment—I believe my brother has known Knowles tome time, as a dealer in his trade in jewellery; he deals in watches suppose—my brother deals in watches, and he has had business with him.
Q. Do you know whether it is the business of a jeweller and dealer in fetches to be acquainted with the proper marks of the Goldsmiths' Company? A. I do not know.
CHARLES HAWKER (police-constable D 106.) On the 25th of October went to Mr. Cotterell's shop, and found Harris there with Skymsher—Harris was delivered in charge to me for offering, to pledge a watch, fearing a forged Goldsmiths' mark—on our way to the station-house he told me Mr. Knowles had sent him with it, and that he wished to go to Mr. Knowles—I said he must go to the station-house first—T took him to the station-house—Skymsher was with him at the time—I went to Skymsher's brother, at No. 120, Oxford-street, and there I found Knowles—Harris was not with me, he was at the station-house—I told Knowles he must consider himself in my custody, as a party concerned about this watch—he said he bad bought the watch of a person named Austin, at Debenham's sale-rooms, and that he was then there, and he had better go for him—he did not state to me whether Austin lived at Debenham's sale-rooms, or whether he bought them of him there—I told him he must go to the station-house, and on our way there he said there had been a good deal said about the watch, but he believed part of it was gold, and part was not—he did not say what had happened to the watch before—I took him to the station-house, searched him, and found several articles of jewellery on him, which have since been delivered up by order of the Magistrate—I do not think he said what he gave Austin for the watch—I do not recollect—he said nothing more that I recollect—I found on Harris a silver guard-chain, and silver watch, a brooch, a pin, and a silver tooth-pick.
Cross-examined by MR. PAYNE. Q. At the time he told you there had been a good deal said about the watch, did he tell you there had been 6l., lent on it at the pawnbroker's, who sent it to the sale-room? A. Yes, he said he had given Austin 7s., for his bargain.
Cross-examined by MR. JONES. Q. Have you ever been applied to to give up the articles found on Harris? A. No.
GEORGE WEBB . I am a pawnbroker, and live at No. 35, High-street, Kensington. I have seen the metal watch which has been produced—it was pawned with me on the 23rd of June, 1836—I know what is meant by a duffin watch—it is an article with an appearance given to it for the purpose of deception—I advanced 6l. on this watch—1 thought it was a gold one—I afterwards caused it to be sold at Machin and Debenham's—it I was never redeemed—I do not know who pawned it—it fetched 2l. 9s. at Machin and Debenham's—(looking at the watch found on Harris)—this silver
watch is also a duffin one, but it is a bettermost sort of one—there are different descriptions—this is worth about 3l. in the trade.
COURT. Q. What do you call the trade? A. A man who has it to sell again—it would sell to a customer at four guineas and a half, or five guineas—it has no maker's name on it.
MR. CLARKSON. Q. Has the other one any maker's name on it? A. Yes.
Cross-examined by MR. BODKIN. Q. Do you call it a duffin watch be cause it has a false hall mark, giving it the appearance of gold when it is not so? A. Yes, and it is an inferior movement—I do not notice the hall mark on the case of this watch—I do not know whether it is silver—I only looked at the movement—I did not look at the case—I do not think this is a very good movement to this watch—it is a lever, but a common one—I am speaking now of the gilt watch.
Q. Will you tell me whether this silver watch has a silver case or not? A. Yes, it has the genuine hall mark—I call this a duffin watch, because it is not made by any particular maker—I cannot point out any other particular circumstance.
COURT. Q. Is there any particular appearance about it? A. No—it is a sound watch, but it has no name at all.
MR. BODKIN. Q. Now here is a watch without any maker's name on it—(handing him another watch)—would you say that is a duffin watch? A. This is a very different thing altogether—it has no maker's name—the circumstance on which I found the one in question to be a duffin watch is its having no name on it—that is all—I was very much unnerved at finding I had lent 6l. on it—sometimes we lose by watches, but we gain of course by others—there is a good deal of competition in the sale of unredeemed pledges, which gives them value—we generally sell them at what we call breaking-up price—I attended the sale of this watch myself, but did not bid for it.
Cross-examined by MR. JONES. Q. How many years may you have been in the business? A. Seventeen years—I examined that watch in the ordinary way when I took it in pawn, but not particularly—we did not re present it as a gold watch at the sale—I have the catalogue—I bore the loss in the price.
MR. CLARKSON. Q. Have you seen either of the defendants attending Machin and Debenham's sale-rooms? A. Yes, I have seen them once or twice—I have seen Knowles more frequently than Harris—this silver watch is a sound one—it will go, and keep time, but there is nothing very fine in it—it is usual, where a watchmaker desires to be known, to put his name on the watch—good watches generally bear the maker's name.
COURT. Q. Do many persons sell watches which they do not make? A. I should think so—one object in having a number is security—that the maker may have a number which he can refer to.
PETER HUSTED . I keep a sale-shop at No. 45, North-street, Sloane street, Chelsea. I attend Debenham's sale-rooms almost every day—I know the defendant Knowles perfectly well—he was attending there—I bought the watch there which has been produced—I think it was about the 16th of October, but I cannot say the day—I gave 2l. 9s. for it—it was put up openly, and bid for—Knowles was standing alongside of me at the time—I paid 2s. 6d. duty—it cost me 2l. 11s. 6d. altogether—Knowles and several other gentlemen wanted the watch, and I sold it to Knowles at 6s. 6d. profit.
lived there two years last Michaelmas. I do not know the defendant Knowles at all—I know No. 1, Woodstock-street—it is a shop—it has no communication or connexion with our house—our house is three doors from the dead wall—the corner house of Paddington-street is No. 11, and beyond that is the dead wall.
(Witnesses for the Defence.)
ROBERT ROWE . I keep a coffee-house and hotel in New-street, Covent-garden. I have known the defendant Knowles, I may say within compass, for five years—I have done business with him during the last five years, and bought goods—I bought a watch of him which I have now in my pocket—he has borne the character of an honest man.
MR. ADOLPHUS. Q. Do you know whether he is in the habit of frequenting Machin and Debenham's? A. Yes, I believe as often as there are sales there—I know Harris by sight—I have seen him with several of the dealers—I should rather say I have seen him with Knowles than not—I have never observed him bidding and buying—I attend the sales there.
MR. BODKIN. Q. Things sell cheap there? A. Sometimes, and sometimes very dear.
MR. ADOLPHUS. Q. Is he a pretty good judge of a watch? A. I do not know—I do not think he is—I have not dealt much with him in watches—I have for coats and other things, and jewellery, or any thing—I know very little of Harris—I have seen him—I have not seen them in company together—I go to Machin and Debenham's sometimes—I do not know that I have seen them there—I have seen Knowles there frequently.
MR. BODKIN. Q. You do not think he is a good judge of a watch? A. I do not.
COURT. Q. What is your reason? A. First and foremost, he is very short-sighted—he has had very bad eyes.
Q. Has be eyes enough to seethe Hallmark? A. I do not know whether he is judge enough to know a hall mark—the hall mark on gold is the No. 18 and the crown—that signifies eighteen carats—the mark on silver is a lion, and the letter—that merely signifies that it is genuine—(looking at the watch)—this is a representation of a Hall mark, but it is not a good one—it is not genuine.
MR. BODKIN. Q. It is a pretty good watch, is it not? A. I should value it about 4l. 10s.—I should not recommend it—I do not think it would do justice.
COURT. Q. Do you mean when new? A. As it is now—if new it would sell for about 7l. or 8l.—I should not think you could get it under—this is gilt, and therefore it is dearer than silver—I cannot tell whether it is silver gilt without I cut it—at first sight it has the appearance of being gold—you will see the bow is silver—it is paler than the other—it does not take the gold as the other parts do—they are the same hands as would be put on a gold watch—the J. N. on it signifies the name of the person who made the case. (Several other witnesses deposed to the prisoners' good character.)
HARRIS— GUILTY — Confined Four Months.
KNOWLES— GUILTY — Confined Six Months.
Both recommended to mercy.
GUILTY —Aged. 33.
(James Pascoe, Boston Cottage, Shacklewell; Edward William Dubois, Baker-street, Pentonville; William Middlebrook, clerk to a solicitor Green-terrace, Spa-fields; John Phillips, jeweller, Cobham-row, Clerken well; Richard Cumming, solicitor, 5, King-square, Goswell-road; Joseph Dodd, carver and gilder, Marchmont-street, Brunswick-square; and John Kirby, hosier, Cheapside; gave the prisoner a good character.)
Recommended to mercy by the Prosecutor.— Transported for Seven Years.
LUKE LENCH . I live in Lyon-street, New Kent-road, and am a ticket porter. On the 5th of December I had a truck in Fore-street, about half past five o'clock—I stopped at the inn yard, and when I came from the booking-office I missed my coat from the truck—I have seen it since—the officer has it.
HENRY RANDALL . I live in Wilderness-lane, Dorset-street, Fleet street, and am a City toll collector. I was in Fore-street on the 5th of December, and saw the prisoner talking to another person on the pavement. I turned round, and saw the prisoner following a truck up the yard—hehad no coat when he went up, but he came out with the coat on—I asked what business he had with it—he took it off, and threw it at me—I followed, and took him, and gave him in charge—he ran as fast as he could.
Prisoner. It is as false as can be.
WILLIAM HUMPHRIES (City police-constable 12.) Last Tuesday night I heard Randall crying Stop thief"—I saw the prisoner coming down Fore street, and Randall was about four yards behind him—I crossed the road, and stopped behind a wagon—the prisoner ran behind a door, and Randall caught him—I took him to the watch-house, and have the coat.
Prisoner, I can take my oath I was not running—they both swear falsely. Witness. Yes, you were.
(Property produced and sworn to.)
Prisoner's Defence. I had occasion to go up the yard, and this man said I had his coat, but I am quite innocent of it.
GUILTY . Aged 28.— Confined Three Months.
OLD COURT.—Tuesday, December 12th,1837.
Second Jury, before Mr. Recorder.
NOT GUILTY .
(MR. PHILLIPS, on the part of the prosecutor, declined offering any evidence.)
NOT GUILTY .
CHARLES GLBSON . I am a jeweller, and live in Bishopsgate-street On the evening of the 5th of December, about half-past eight o'clock, the prisoners came to my shop and asked to see some diamond rings—I took a tray out consisting of diamond and other rings—(my shop forms part of my dwelling-house, and is in the parish of St. Ethelburga. in the City of London)—they did not purchase any rings, but they purchased a gilt key of my young man, who was standing some distance from me at the time—on their going out of the shop I missed two rings, one of which I had shown to them, and the other was in the same tray—no one but myself and the prisoners had been near the tray from the time I showed it to them till I missed the rings—I have since seen one of them—the value of that one is about 5l. (produced)—this is it—the prisoners were both looking at the rings—I think only one took the rings in his hand—that was Allen, and I have reason to think he put them down again.
Cross-examined by MR. PHILLIPS. Q. What are these? A. Rose diamonds—they are real diamonds—they are the same as other diamonds, only differently cut—the difference is in the cutting only, not in the stone—a thin diamond would make a good rose, but would not make a brilliant—there is a mark on this—I think it is 27, but I see it is a good deal robbed—my eyes are not good enough to see it, but I have looked with a glass, and I find there is a mark, but it is so worn that I could not swear to it, even with a glass—I swear to it by its general character—it is rather an uncommon shape—I should not now make such a ring—I never saw one like it—rose diamonds are very common, but I do not think any jeweller in London would make such a ring as this now—I made it myself for a particular person, who did not have it—I have the number of it in my book, but there is no number on this ring.
Q. Had you known the persons you call the prisoners before? A. No, I had not—I had never seen them before, to my knowledge—it was from eight to half-past eight o'clock in the evening—the gas was lighted—it is not very usual for me to be in the shop all the evening, but I was on that occasion—I do not think I can be mistaken in them—I had a boy and a shopman in the shop—they no doubt had the opportunity of seeing the persons—they were looking at them at the time—one of them sold a key to one of the persons.
Q. He would therefore have the opportunity, if he could, of confirming you as to the identity of the prisoners? A. Most assuredly—neither of them are here—I did not think it necessary.
WILLIAM FISH . I am in the employ of Mr. Walton, a jeweller, in Ludgate-street. On the 6th of December I recollect seeing the two prisoners at my master's shop—I am sure they are the men—it was about five o'clock in the evening—they asked to look at some diamond rings—they both spoke—I showed them some small ones—they said they wanted to look at some larger and more expensive ones—I put a tray of more expensive ones before them—they did not purchase any—I afterwards
missed a diamond ring of the value of sixty guineas—that was missed from the tray I had placed before the prisoners.
Q. Did you find in the place previously occupied by the diamond ring another one to which you were before a stranger? A. I did—it was the ring which has been produced—that does not belong to Mr. Walton—the ring I missed was not at all of this pattern or size.
CHRISTOPHER WALTON . I am a jeweller, and live on Ludgate-street. I procured a policeman to take the prisoners into custody—they were searched in my presence, and some Bank-notes and money were found on them—my ring was not found.
MR. GLBSON re-examined. The hall mark is not put on gold unless it is of a certain quality—if there is any black enamel on it, it would require the hall mark.
ALLEN*— GUILTY . Aged 23.
MELLOY*— GUILTY . Aged 23.
(There was another indictment against the prisoners, for which see Old Court, Wednesday.)
WILLIAM FILKINS . I live at Ickenham, near Uxbridge, and am a baker. On the morning of the 1st of December I sent a mare to the Manor-farm—my mare had been to grass there in the field—I could not find it—I had seen it last on the Friday evening—I saw it again in pos session of George Daubney on the Friday following, in Smithfield-market—I had taken her to the field on the 1st of December, and missed her on the 2nd.
CHARLES SYMONS . I live at Notting-hill, Kensington. I know the prisoner by sight—I was at George Daubney's house, at No. 6, Uxbridge-street, Notting-hill, when the prisoner, who gave his name as John Webb, brought this mare for sale—he said he was looking for Charles Thomas, who was a horse-dealer at Notting-hill, but had removed to Pad dington—Daubney bought the mare of him for one sovereign—he said it was sent up to be sold to a knacker—Daubney took his name down—I am sure he is the man—it was last Saturday week, the 2nd of December, about eight o'clock in the morning—I believe Ickenham is nineteen or twenty miles from here—the mare appeared as if she had had a night's rest, and been taken away early in the morning—she did not appear to have been rode any distance, but to have been walked up—it appeared as if it had come off a journey—it was not dirty, more than its legs.
Prisoner. I sold the mare to Daubney, I own.
GEORGE DAUBNEY . I live at Notting-hill. I bought the mare of the prisoner about eight o'clock in the morning—she seemed rather warm, and her legs were rather dirty, as if she had been in the grass, and had not been cleaned—she appeared rather warm—it was rather a frosty morning, and there was the frost on her legs, as if she had come off a journey—the prisoner came to me about eight o'clock in the morning, and asked me to buy a knack-horse—he said he was sent to Charles Thomas—but as he was gone away, a man had sent him on to my house—and the reason it was
sold was, his master had sent it out of the country to be killed, because it had hurt his child, who was at home very ill indeed—and his master was Mr. Fountain, of Ryeslip.
Q. Is the mare you speak of the same mare which was claimed by Filkins? A. Yes, I took it to Smithfield to sell.
JAMES MEADS . I am a carman, and live at Notting-hill. On Saturday, the 2nd of December, the prisoner came up to me against the Coach and Horses door, and asked me to direct him to Charles Thomas, who bought knackers—I said he was moved—he asked if I knew any body who bought such things, and I directed him to Daubney.
Prisoner's Defence. I will tell you the truth. My last master, Mr. George Phillips, discharged me, because he had nothing to do—I went to seek for another master, and started after a place, to work at the railway—I had to go through Uxbridge—a man came to me in the market-house there, and said, Are you without work?" I said, Yes"—hesaid, I will give you a job; I have got an old knacker, which I bought of Mr. Fountain, of Ryeslip, it has hurt one of his, children, and be wishes to, kill it; if you like the job, you may"—I said, Thank you kindly; I have no bread for my wife and child, and I shall be glad to earn a shilling"—he said, Meet me at four o'clock on the other side of Hillingdon, and I will give you the job"—next morning I met him—he said, My name is John Wells, give my name, sell the mare for a sovereign, and I will give you 2s. for your day's work, and here is sixpence to spend; meet me here and pay me down the money"—I went there at eleven o'clock, and paid him the money, and he paid me 2s.—that is all that passed—I thought it no harm to earn a shilling, to get my wife a bit of bread—I was always brought up to farming work—master would give me a character for being honest and upright—but I have bad no time to send to him.
Mr. FILKINS re-examined. I have seen the prisoner about the parish these two years, hay-making and jobbing for different farmers—his last place was with Mr. Phillips, who employed him because he could not get any one else.
GUILTY . Aged 19.— Confined One Year.
WILLIAM NORTON . I am fourteen years old next March, and live with my father, in Green Dragon-yard, Whitechapel. On Monday, the 4th of December, Í was minding my mother's green-grocery stall, and saw the prisoner take a cloak out of a chaise which stood opposite Seal's, the. to bacconist, in Whitechapel—there was another chap with him not so big as him—the prisoner chucked the cloak to the other one, and it dropped—the other did not stoop to pick it up—he caught it between his fingers—they both ran away—the prisoner ran towards the policeman, and he ran after him and stopped him—I picked up the cloak—this is it—(looking at it)—I gave it to the policeman—I am sure I saw the prisoner take it.
Prisoner. There was a man going across the road, and the cloak was thrown at me by him, when he took it off the chaise—I did not know the man. Witness. It is not true; the prisoner took it and threw it at another lad.
from the chaise—I heard an alarm of Stop thief"—I pursued him and stopped him—he was running—Norton gave me the cloak and said in the prisoner's presence That is the man"—he charged him with being the thief.
Prisoner. I own the boy said I was the thief, but he said quite false—I was not the person who took the cloak at all.
PRATT COLLIER . I am a miller, and live at Romford in Essex. I was at Mr. Seals's shop on the 4th of December—I left my chaise at the door, and that cloak in it—a constable brought it to me within five minutes—it is the same as I had left in the chaise, and is mine.
Prisoner's Defence. I have nothing to say further than I have said—it was not me took the cloak—I was in front of the man who took it, but I never had it in my hands—I am not the person.
GUILTY . Aged 20.— Confined Six Months.
241. JOHN LOCK and WILLIAM MATTHEWS were indicted for stealing, on the 6th of December, 1 1/2 pint of wine, value 4s.; 1 bottle, value 2d.; 2 lbs. weight of bread, value 1 1/2 d.; and 11l. 2 lb. weight of meat, value 3d.; the goods of Thomas Paris, the master of the said John Lock.
THOMAS PARIS . I live at Greenwood, Hadley, in the parish of Enfield. The prisoner Lock was about six weeks in my service—on the 6th of December about twelve o'clock at night I was going to bed and was undressed—my dressing-room is almost over the pantry—I heard people talking, and went down stairs and listened at the pantry door for some time—I still heard talking, and tried the door, but could not open it—I said to my servant Lock, "John, open the door"—he said, What, sir?"—I said, I insist on your opening the door"—he opened it—I found he was in liquor—I said, Who were you talking to?"—he said, I was not talking to any body"—I said, Nonsense, I have been listening at the door"—he said, I was not talking to any body"—I went to the adjoining place, where there is a sink and a door which leads to the wash-house, and found a man concealed behind that door—I dragged him to the light, and found it was the prisoner Matthews, who had been in my house some time previous, brewing—he had two bundles in his hand—I said, What have you got here? put them down on the ground"—I desired him to open them—Lock was going to open them, but I would not let him—Matthews opened them, and in one was two pairs of shoes which do not belong to me—the next bundle contained some bread, which, as Í bake at home, I know to be mine—while I was looking at him I observed he had a bottle stuck in his breast—I collared him, and said, I will see what is in this bottle"—he said, You shan't,"—I said, I will"—we had a scuffle-at last we got against the sink—I pinned him, and when he found he could not help himself he smashed the bottle against the sink—it contained sherry wine—I was dragging him back to the pantry, and he struck me three or four times, but did not hurt me—I pulled him down—my maid servant was gone to the stable for the groom—my wife came in, and, being nervous, I was obliged to let him go, to go to her to get her away, and in the meantime Matthews escaped, but he was apprehended at eight o'clock next night—the wine was taken from my cellar—I know that from Lock's confession—I always kept the key of the cellar myself, and gave out per haps two or three bottles of wine at a time—I did not miss any wine—it is difficult to miss any, for there is a good deal of wine drank in my house
when I am out—I might easily lose a bottle of wine without knowing it—I know the bread—the loaves are a very peculiar shape, and we bake them ourselves—this is a loaf that came out of his handkerchief.
Cross-examined by MR. DOANE. Q. Are you in any business? A. I am a merchant—I have lived at this place since July—before that I lived there with my father—I had my wife's mother and sister stopping with me at this time, and I had given out several bottles of wine—I had not a dinner party that day—my friends were staying at my house—there was a little mutton and veal in the handkerchief—Matthews had been employed there as a brewer, but previous to this—it was only one bottle of wine that Matthews had—a bottle does not hold a quart—Lock was in liquor at the time-be slept in my stable that night—he walked out of the house and shut the door—he could not get in again, and slept in the stable—he re turned next day, and was refused admission—he came to the house, and I desired him to walk out—there is a Mrs. Delarby in my establishment—she is my wife's lady's-maid.,
Cross-examined by MR. JONES. Q. How many bottles of wine did you give out that day? A. Three quart bottles of sherry, and I think three pint bottles—the bottle I found on Matthews was a quart bottle—it is evident the cork had not been drawn, and the quantity spilt must have been as near a bottle as possible—the cork was not broken when I first saw it in his possession—I did not take it up myself after he threw it down, till the policeman took it up, which was about two o'clock the same morning used almost always to decanter the white wine—I used to decanter the port wine myself, for fear he should shake it—I gave him three quart bottles and some pints of sherry, but they were all safe in the cellaret after wards, for I looked at them—not any of the wine I gave him out that day was used at all—I had given him wine about three or four days before—when he was out of wine he asked for more.
Q. Was any part of the former quantity of wine remaining in the cellaret that day? A. One bottle—I generally gave him four or five bottles, and sometimes three—I did not look to see what remained in the bottles, but it I had thought there was a small bottle I should have remarked on it—part of the bread found on Matthews was broken, and part not broken—I bread was not all under the control of Lock—Mrs. Delarby and the cook had access to it—I gave Matthews 3s. 6d. a day while he worked for me—he had no business there that day—I did not know he was in the house—he was not in the habit of assisting to clean the plate, to my knowledge.
COURT. Q. Did Lock give you an account of this? A. Yes, before the Magistrate he did, and he said that night that he gave it to Matthews, but he denied it next morning.
THOMAS AUSTIN . I am a patrol belonging to the Barnet Association. I was sent for to Mr. Paris—he gave Lock into my charge, who directly went out of doors—Mr. Paris wished me to keep in the house till the morning—it was between one and two o'clock in the morning—I searched for Matthews—I found in the adjoining room to which Lock had been two small loaves in the sink, with part of a bottle, and part on the ground there was a little wine in it, which I tasted, and it was sherry.
MR. PARIS re-examined. None of my servants are here—I could not open the door when I went to it—it might have stuck-that was the room where Lock was—it was about a quarter to twelve o'clock when I and my family left the drawing-room, but I did not look at my watch—it was twelve o'clock when I heard the noise—it was after I had quite undressed, and I
conclude, from the time it took me to undress, it was about twelve o'clock—I had my dressing-gown on when I came down—there was a light in the pantry—there was no light where I found Matthews except what was obtained by the pantry-door being open—he could get out through the washhouse without coming through the pantry, and he did go that way. (The prisoners received good characters.)
LOCK— GUILTY. Aged 31.—Recommended to mercy. — Confined Two Months.
MATTHEWS— GUILTY . Aged 40.— Confined One Month.
NEW COURT.—Tuesday, December 12th,1837.
Fifth Jury, before Mr. Common Sergeant.
MACDONALD pleaded GUILTY . Aged 36.
JACKSON pleaded GUILTY . Aged 29. Confined six Months.
WALTER YOUNG . I live at Strand-on-the-Green. I had an ass on the 18th of September, and turned it out in the ground of the Water-works Company, at Brentford—I had bred it—it had a particular mark on the bearing—I lost it on the 18th of September—it is three years old next May—I next saw it on the 5th of December, in Brentford, with the prisoner—I had seen him before—I went up to him and asked how long he had had the donkey—he said, Four years"—I said, Not four months"—he said, "What, have you lost a donkey?"—I said yes, I had lost it, but I could not have lost it as it was before my eyes—then he said, Will you pay me for the keep of it, all the time you have lost it?"—I refused, and went to the station-house, and stated that I had lost my donkey on the 18th of September, and had seen it come up the town with some sprats—I said he had some marks done, with the cow's horns—if it was not mine, I would not swear to it—I swear it is mine, and not my mother's.
Cross-examined by MR. PHILLIPS. Q. Where is Strand-on-the-Green? A. In Chiswick—I found the prisoner at Old Brentford, about a quarter of a mile from Strand-on-the-Green—Mr. Marshall, and several of the brewer's men, overheard the conversation—the prisoner was driving it in the street—it is the same as another donkey, I suppose.
WILLIAM MARSHALL . I know this donkey—I saw it in the pro secutor's possession when he went to the station-house—I knew it ever since it was foaled—some people said it was his mother's donkey, and some said it was Walter's, and I could not tell whose it was—Young had a donkey, and I believe that to be his—it is the one he used to drive—I did not see it in the prisoner's possession at the time he was taken—I believe it to be the one that was in Young's possession, whether his or his mother's—I did not hear any thing said about paying for the keep of it—I was not there then.
years—that he bought it at Smithfield-market—I observed the marks about—it there is a very particular mark—so particular that it can be identified.
MR. PHILLIPS called
WILLIAM BOND (police-constable L 134.) I have been two years and eleven months in the police—I know the prisoner—he is a hawker of sprats and other things about Chiswick—I have seen the donkey down stairs and know it—I knew it before last September, and two years before last May—I know no mark on it—but I know it is the one Í have seen in possession of the prisoner—he had a donkey, and only one.
JURY. Q. Had you known any mark on it? A. No.
NOT GUILTY .
JOHN CLUNAS . I am in the employ of Mr. M'Intosh, the contractor for the Great Western Railroad, at Ealing. We have lost twenty pieces of wood—this is one piece that I saw at the station-house—we have lost it I—know this to be Mr. M'Intosh's—the others were at the station-house—to the best of my knowledge, they were Mr. M'Intosh's—the prisoner was employed by him.
Cross-examined by MR. PHILLIPS. Q. Is Mr. M'Jntosh here? A. No, not that I know of—his Christian name is Hugh—he lives at No. 39, Bloorasbury-square—here is a place on this piece of wood where we lay our chairs for the wagons to go on—there is no other railroad at Ealing—the next is the Birmingham.
JURY. Q. Are you in the habit of marking your timber? A. We did not mark this by the letters M. I., as we do on valuable articles—but there is a cut in it, and our sticks were so marked—we call these sleepers, and here is the mark where we put the chair.
Cross-examined. Q. What is your name? A. John Frazier—I have had it spelt it two ways—I spell it Frazier.
JOHN FOOL (police-constable T 152.) I was at Ealing. I was set to watch, and saw the prisoner and his brother coming through West Fields, with a quantity of paling on their arms—I went in pursuit of them, and the prisoner threw down the palings—I stopped his brother, and he having but a small quantity of wood, the sergeant said it was not worth while to stop him—but we watched the prisoner to the house he went into—we went in, and found this wood under the bed up stairs—he rented the house—I charged him with it—he said he knew nothing about it.
Cross-examined. Q. Did not his brother live in his house? A. He boarded there, but did not live there.
JOHN PASCOE (police-sergeant T 19.) I went with Poole, and found this pickaxe in the back room, concealed—no one slept in that room—it is down stairs—it is a sort of wash-house—this wood was found under the bed in the back room, I believe, the mother's bed—we went after his brother, and caught him—he is in prison.
Cross-examined. Q. The prisoner is married? A. Yes, I believe so—he states so—I have seen a woman there.
JURY. Q. Did his brother work on the railway likewise? A. Yes he was convicted summarily by the Magistrate—we let the brother go, to find out where the prisoner went.
GUILTY. Aged 27.—Recommended to mercy by the Jury. — Confined Three Months.
MR. KEENE conducted the Prosecution.
GEORGE WHITBREAD . I reside at No. 11, Exmouth-street, Commercial. road, and am a nautical and mathematical instrument maker. On the 20th of September Flesch called on me—I had seen him before—he introduced himself by saying he had lived opposite me five months—he said he had received a letter from Mr. Brandis, of King-street, Liverpool, and he understood by the letter that Mr. Brandis wanted mathematical, optical, and nautical instruments—I let him have three telescopes—I did not make any agreement with regard to the payment at that moment—he did not pay for them—he kept them six days, and returned them again, and said that he had received a letter from Mr. Brandis, saying that he was highly satisfied with them, but wished to have my name put upon them—he then wished me to let him have something more—I then let him have a handled quadrant and compound microscope—he said I should be sure of the money in a week's time—in three days after he called again, and pulled out a two-penny-post letter, and said he had received that from Mr. Brandis—that he was highly satisfied with the articles he had received, (the telescope had been sent back, and the quadrant, and microscope, with my name on them,) and that Mr. Brandis would call on the following Thurs day or Friday, and pay me for those goods, and give me a large order—he never called—I saw Flesch again on Tuesday morning, the 10th of October—he said that he had been in company with Captain Jackson at "a free-and easy," in Rosemary-lane, on Monday evening, and that none but foreign captains used the house—he wished me to let him have a sextant, which he had previously seen, to show to Captain Jackson—he said he lived some where near Newgate—I objected to it, saying, I had not received any money for the first, and the instrument was a delicate instrument, I was afraid of letting it out, but he might have the quadrant to show the gentleman as a specimen of the workmanship—he then took the quadrant, and promised to return it in two hours, which he did, and asked me if I should have any objection to bring the sextant and quadrant to his house in the afternoon, as he lived opposite—I agreed to do it—he came over about four o'clock, seemingly in a great hurry, and said, "Make me out an in voice"—he said Jackson supposed he was gone to the back room of the house to get the invoice—I was taken off my guard—he said, "Just receipt it," and I put "Settled" to it—he asked me to bring over the sextant and quadrant in a quarter of an hour, which I did—(they are here now)—I found the three prisoners smoking, and drinking rum and water—I placed the two instruments on the table—they all looked at them, and Jackson said it was a very fine instrument, and Henochoberg said it was a very fine instrument—Flesch said that he wanted 10l. for them—Jackson objected, and said he would give 8l., as he was going to let Flesch have a gold watch and a lot of other things—Jackson then said he had no objection to give the price, but Flesch must go with him to
the hotel, in Leicester-square, where he was lodging, and have the opinion of a friend of his who was staying there with him; and if his friend approved of the instruments, he should have no objection to give the price—I asked him what he was—he said, "On the sea." or "On the water"—I proposed going with Mr. Flesch to Leicester-square—Jackson objected to it, and wished me to come the next day with Mr. flesch to dine, with him at fire o'clock in the afternoon, and to bring some cards, as he had some friends there who wanted instruments, and no doubt he would sell two sextants—I then asked Flesch to step over to my house—I said I felt un easy about these instruments—he felt hurt that I should suspect his honesty—I said I should be sorry to hurt his feelings, but I spoke as an honest man, but I had had no money for those I sent to Mr. Brandis, which was my reason for objecting to leave the goods, and he said I should have the goods or the money by half-past ten o'clock the same night—this was at a quarter past four o'clock—I then placed myself at the bed-room window, andsaw the three prisoners go out together—Flesch had the sextant and quadrant in his hand—Jackson was with him, and Henochoberg behind them—1 followed them as far as Sidney-street, in the Commercial-road—there is a pawn broker's at the corner—I suspected they had gone in, and I saw no more of them—I returned home—the next morning their landlady called me over and spoke to me—I then went with Mr. Langley, with the intention of going to Leicester-square, calling at the different pawnbrokers in my way—I found that the quadrant had been pawned at Mr. Fleming's, in Newgate street, about an hour after they had left the house that night, and the sextant was offered further on—on the following Monday evening I met Flesch and Henochoberg in the London-road—I collared Flesch,. and Henochoberg ran towards the Elephant and Castle, but the policeman Cook, L 71 pursued and took him—I said to Flesch, "I have been a long time after you; I have got you at last"—he said he was very sorry; I should find that he was an honest man, and he would pay me every farthing—I then took him to the station-house—the next morning we took Jackson into custody—we found him at No. 7, Poplar-row, New Kent-road, and the next morning they were taken before the Magistrate—I asked Jackson if he knew me—he said he did not—I said, "Good morning, Sir"—he looked very hard at me—I said, "Do you know me?"—he said he did not—he then said, What have I to do with you?"—I said, "I am very sorry I have so much to do with you"—I said, "Do you know any thing of my sextant and quadrant?"—he said he had nothing to do with it; that Flesch owed Him 30s., and he gave him this quadrant to pawn to pay himself—he did not tell us where, that I recollect——I think we told him that we had found the quadrant—Henochoberg had come over two days before to look at these intruments, which I did not state in my depositions—he said Flesch sent him to look at the pillar sextant.
Cross-examined by MR. BALLANTINB. Q. Were you examined at the Police-office? A. I was—there were four hearings—I gave evidence against these prisoners on a former Session in the Old Court—I did not say that Henochoberg came on any of the four occasions, to my knowledge, nor on the trial in the other Court—I gave Flesch an invoice of the quad rant and sextant—I never had it—it was made out in the name of Flesch—Flesch treated the quadrant and sextant, when over the way with Henochoberg and Jackson, in my presence, as his own property—he said that he, Flesch, wanted the 10l.—Jackson said it was a very fine instrument, as if it were Flesch's own property.
JURY. Q. How long had Flesch lived opposite to you? A. About the time he named, five months—when I followed the parties out of the house Henochoberg had nothing in his hand—I spoke of Flesch's landlady.
WILLIAM JOHN SMALLSHAW . I am foreman to Mr. Fleming, a pawn broker, in Newgate-street. On the 10th of October a quadrant was pledged in ray shop by Jackson, in the name of John Coleman, No. 11, Leicester place, Leicester-square, between seven and eight o'clock in the evening—I have seen Flesch before—he has been in our shop several times as a purchaser and pledger—I never saw him and Jackson together—I never sat Jackson before—Mr. Whitbread came to make inquiries the next morning.
MENDLEWITZ MYERS . I have known Jackson twenty years—I never dealt with him—I know Flesch—I have seen him once—one morning about the 10th or 11th of October, he called at my house, with Henochoberg—he had an instrument made of brass, in a mahogany case—he asked me whether I would purchase it, and he said he had some more like it—I asked where they were, and he said in pledge—he looked over his pocket-book and gave me the tickets—I took some from a pawnbroker's, and then I went to Mr. Fleming, and he would not let me have it—I then returned home, and told Mr. Flesch—he was alone—Henochoberg was not with him—I told Flesch the pawnbroker had stopped the ticket, and told me the gentleman had lost the ticket; Flesch looked over his pocket-book, and said "How can I have lost the ticket?—this is my invoice that I bought, and these are my articles"—I saw "Settled" on it, and I thought that they mart belong to Mr. Flesch—I told him I had got a friend who was in that line—I do not deal in these things myself, as I deal in jewellery and clothes—I said I had got a friend who was in that line; I would go to him and see if I could sell them, and I showed them to him.
Cross-examined. Q. You are a man in business yourself? A. Yes, and in the habit of making out invoices—I would never make out an in voice and say "settled" to it, unless I had received the money.
Jackson's Defence. Mr. Flesch begged me to call on him to tea—he gave me his card—I came to him—he showed me some quadrants, and said, "I have got a handsome piece over the way, that you can make a price of in Paris"—so he went over—he came back in a few minutes and said, "A person will bring it over"—a person brought it over—he said, "It is a fine piece—I made it for a Captain"—"Flesch asked me eighteen guineas for it—the man went into the back room, and Flesch said to me, "Have you got money by you?"—I said, "Not much"—he said, "I want a couple of sovereigns"—I said I could not lend him so much—I lent him 30s.—so Flesch says, "Look at my invoice; I paid so much"—I said, "It will not suit me—give me my 30s."—he said "Go with me, I will pay you"—I went with him to Newgate-street—he said, "There is a pawnbroker, go there and pawn it"—I went—the pawnbroker would not give me more than 25s.—I took it—Flesch said he would give me the 5s.—I left him, and never saw him again; but a few days after that the prosecutor came and said "I shall take you in charge"—I did not buy the goods of him—he sold them to another person, if he did not pay him I did not know it, I saw the invoice—the manufacturer gave him his character himself—I am very innocent—I never said I lived in Leicester-square—I go there often—I did not tell the pawnbroker I lived in Leicester-street, Leicester-square.
Henochoberg's Defence. Mr. Flesch Is a countryman of mine—I did not know any thing of the business—I went to Mr. Myers with Mr. Flesch—the officer took me—I do not know any thing about the business at all.
FLESCH— GUILTY . Aged 27.
JACKSON— GUILTY . Aged 29
HENOCHOBERG— GUILTY . Aged 32.
Confined Two Years.
246. EDWARD BIGGS was indicted for stealing, on the 1st of December, 1 window-guard, value 3l. 10s.;1 pair of scales, value 5s.; 2 preserving pans, value 10s.; 2 jelly-moulds, value 5s.; and 1 set of harness, value 1l. 10s.; the goods of William Bennett, his master.
WILLIAM BENNETT . I live at No. 115, Shoreditch, and am a pastry cook. The prisoner was in my service occasionally for eighteen months—I missed a brass guard, a pair of scales, two pans, and a copper mould—I taxed the prisoner, and he said that distress had driven him to it, and his child was dead—he seemed very sorry for it—the things are not all here—the marine-store dealer acknowledged to having there, but be bad broken them up—we have the moulds here, bit they were taken after Saturday, on the Monday.
WILLIAM PIKE . I am a pastry-cook. I bought these jelly-moulds of the prisoner for 1s.—the prisoner has been a servant of mine, add is in ray debt—he brought these and said he bad authority to sell them on com mission for Mr. Bennett—I said, "I don't want to buy them"—I went to Mr. Bennett to know if he had commissioned him—he said he had not—they are worth 5s.
Prisoner. In respect to the moulds, they are to be bought for half-a crown apiece—the whole of the charge was compromised and settled, that I should pay so much a week, and some money has been stopped.
GUILTY. Aged 26.—Recommended to mercy by the Jury and Prosecutor.
Confined Two Days.
WILLIAM STUCKEY . I employed the prisoner to clear a number of bricks at Twickenham—I lost a great number, and watched—on the 10th of November I saw the prisoner come to the stack and take seven bricks—I watched him, and hallooed to him before he got to his house—he came back—I ordered him to take them back to the stack, again, which he did, and then I got a warrant.
Prisoner. He agreed to give me two months work, and I built a little Gothic work in front of the house—I told him I should take the bricks to build it with. Witness. He said he should build it, but. he. did not say he should take the bricks—I let the house to a man, and he agreed with the prisoner to do the ceiling, instead of which the prisoner got and put the man's goods out, put in two chairs and a table, and would not let the man in again—I went to him as he was doing up the other houses, and said if he would give up the key I would give him 5s.
Prisoner. The house belonged to my grandmother, and when she died it was left to the prosecutor's wife, and there has been a dispute about it—he is my uncle—they were my own bricks—they threw me out of work,
and set another man on—he said there was plenty of work, and I went day after day, and summoned him for 30s. for the time I lost—then he got a warrant against me for stealing these bricks, and he did not take me till I got to the court. Witness, He was engaged in building a wall, and then we discharged him, and got his brother to do it—he came and said, "I am much obliged to you for doing this, I will treat you with a pot of ale"—he got the summons for building this wall, and said he had a right to be paid for doing it.
Prisoner. They were my own bricks, and I took them before his face. Witness. Yes he did—I was watching there at the time—I do not know that he saw me.
NOT GUILTY .
JOHN JENNINGS . I am a labourer. I went into the Bell, in the Uxbridge road, on the 4th of December—I was drunk—J had a hat and handkerchief—I went to sleep, and the hat and handkerchief were gone, and an old hat left in its place—this is my hat—the handkerchief was in it.
JAMES CARTER . I am potboy at this house. I saw the prisoner tike up this hat, and saw the handkerchief in it—the prosecutor was then asleep—he was not very drunk—the prisoner put the hat behind him, and took the handkerchief out—he looked at it, and put it back again behind him—the prosecutor awoke, and found out that his new hat was gone, and the old one left in its place.
Prisoner. We were all tipsy together—our hats fell off, and I took this hat in room of my own. Witness. I asked him where his hat was—lit said in the stable, if I called the ostler he would produce it—I called the ostler, and then I looked round and saw this hat and handkerchief by the prosecutor's head—the next morning, as he was going to the station house, he said it was a bad job that he took it.
GUILTY. Aged 35.—Recommended to mercy by the Jury.
Confined One Month.
WILLIAM WESLEY . I was in company with my wife and child, at a quarter-past eight o'clock, on the night of the 9th of December, selling shoes—I put them on the table at a public-house, and told my girl to mind them—I afterwards returned and missed a pair—these are them.
Prisoner. I am quite innocent of these things as a child—did you see me take them?—Witness. "No," you said to me, "Whose boots be them?" "Mine," says I, and I took notice of you at the time, my child was then crying and said, "The man has run out with the boots.
SARAH WESLEY . I was watching these boots for my father in the public-house that night—the prisoner took them and ran out with them he made a pretence to throw them under the table, but he ran out with them—he took them while my mother was trying on a pair of boots for a customer.
Prisoner. She swore that I wore a kind of velvet jacket on that night
and I can find fifty people that can say I had not a velvet jacket on that night.
Prisoner. They are mine—I paid 9s. for them to my father's brother.
GUILTY . Aged 26.— Confined Three Months.
250. CHARLES MAHONY was indicted for stealing, on the 2nd of December, 1 pair of trowsers, value 10s.; 1 waistcoat, value 12s.; 1 handkerchief, value 1s. 6d.; 2 seals, value 1s. 6d.; 1 ring, value 6d.;1 knife, value 6d.;1 half-crown, 5 shillings, and 1 sixpence, the goods and monies of John Lane Score.
JOHN LANE SCORE . I live with my mother, at No. 2, Elliot's Court, Old Bailey. On Wednesday week the prisoner came to my house to lodge and sleep—on Saturday morning I was called up and found he had gone—I missed my trowsers, waistcoat, and all these things—I had left them on a chair in the same room as he slept in—I slept in the same room.
MARGARET SCORE . I am the mother of John Ravenscroft. I went to call my son on the morning of the 2nd—his clothes were gone, and the prisoner too—I found him at eleven o'clock in the morning in the Old Bailey—I seized him, and asked him how he could do such a thing, he said it was a mistake—I took him to my house, and the policeman came—he took off my son's clothes which the prisoner had on, and put on his own—his clothes were not so good as my son's.
GUILTY . Aged 24.— Transported for Seven Years.
251. WILLIAM HILLIAR was indicted for stealing, on the 7th of December, 2 pence and 3 halfpence; and also, on the 9th of December, 1 shilling, 9 pence, and 3 halfpence; the monies of Edmund Smith Marshall, his master; to which he pleaded
GUILTY . Aged.— Confined Three Months; One Week Solitary.
GUILTY — Confined Three Months.
253. WILLIAM CHARLES PORTER, alias Charles Porter, was indicted for stealing, on the 4th of December, 1 fowl, price 2s. 6d., the property of Jabez Toms; and that he had been before convicted of felony.
Prisoner. Q. How do you know it? A. By the colour and the feathers.
GEORGE TANNER I live at Islington. On this day I happened to be at the back of the prosecutor's house, in Belinda-street—the prisoner threw down some grain—the fowl came and he took it up—I followed him to Cock-lane, and he took it out of his pocket—he went to Highbury-place, and hid it in the dung—I told the coachman, who told the constable, and he took him.
Prisoner. Q. Did you not say it belonged to a publican? A. No—I saw you throw something down, and take the fowl.
Prisoner. I did not take, it—I went up that turning and thought it was a thoroughfare—I had not a bit of grain or crum about me—I had not a farthing to get bread with.
GUILTY . Aged 74.— Confined Six Months.
STEPHEN BARNES . I lodged at No. 24, High-street, Hampstead-road, with the prisoner. I got up on the morning of the 27th of November, and the prisoner was gone, and two waistcoats also an apron, and 2s. out of my pocket—this is my waistcoat—I did not see the prisoner till he was taken.
GUILTY . Aged 29.— Confined Three Months.
SARAH FIBLE . I am servant to Richard Lacey, of Tottenham-court road, a fringe-maker. About nine o'clock: m the morning of the 4th of December I answered a knock at the door, and the prisoner appeared—he asked for a bonnet which was left at the office to be dyed—I went and asked my mistress for it—I came back and he was gone, and two coats also—I have since seen them at the police—(looking at them)—these are my master's—they were hanging in the passage.
Prisoner. He never took me with the coats—I heard a cry of "Stop thief," and ran into a house, and a person dropped them—I was bringing them down stairs, and he took me. Witness. Yes, he was up stairs on the first landing, but knowing that he ran down the yard with the coats, I ran into this house, and he was on the landing with them under his arm.
The prisoner pleaded poverty.
GUILTY . Aged 19.— Confined Three Months.
JOSHUA LAZARUS . I had a great-coat at my shop door, in Aldgate, and last Wednesday I missed something from my door—I went after the prisoner, and saw him less than twenty yards from my shop—he had this coat with him—it is mine.
Prisoner. I did not have the coat—it was lying in the road, against a farrier's shop, as I was passing by. Witness. I found it in his hand—I do not know where he got it—it was at the side of my door—it could not have blown down—it was on a nail—it must have been pulled down—I think it might have dropped.
GUILTY .* Aged 18.— Confined Six Months.
MARY ELIZABETH DEANE . I live at No. 4, Rose-court, Great Tower street. At a quarter before nine o'clock, on the 2nd of December, the prisoner came to the house and knocked at the door—we opened it—he said, "Mary Elizabeth Deane, a parcel from Bristol, 2s."—he said, "Make haste, my cart is waiting at the top of the street"—I gave my sister half a-crown to get change—he followed and took it from her—I did not see the man—I heard the voice—the parcel contained half a sheet of old news paper.
FRANCES CHARLOTTE DEANE . I remember a person coming that day—he said, "A parcel from Bristol, 2s."—my sister gave me half-a-crown to get change at the public-house, and when I got outside the door they could not give me change—he took the half-crown, and said he would bring me back sixpence, and he went away—I am sure the prisoner is the person—I went to a lodging-house, with the policeman and found him out—I said, "That is the man"—the prisoner said to the people he was lodging with, "Let me down," and he went down.
JOHN GERRARD (police-constable H 57.) I staid at the bottom while the two girls went up stairs—I wished them to go up and ask for the name of the prisoner—when they went up the light was put out—I heard somebody sing out, "Let me down"—I rushed in and found no one up stairs—I rushed down and found the prisoner making his escape over the back premises.
Prisoner. I have nothing to say to it—it is the first time I was ever before any one—I shall leave it to the Jury—I did not ask her for the half-crown.
GUILTY. Aged 28.—Recommended to mercy by the Prosecutrix.
Confined Three Months.
OLD COURT.—Wednesday, December 13th,1837.
Third Jury, before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
CHARLES ROBINSON DUNKINSON . I am a Custom's gate-keeper at the London Dock. On the 6th of December, between four and five o'clock in the afternoon, I stopped the prisoner at the Eastern gate of the Lon don Dock, inside the gate—he was coming out—I searched him, and found this spelter concealed under his frock—I asked him where he got it—he said he had picked it up in the Eastern dock, supposing it to belong to nobody—there was none in the Eastern dock—I asked how he came to do it—he said he had a wife and three children, which caused him to do it—it is marked in red ochre "D," and stamped on the edge W H"—he said he had worked in the docks for a few days.
JOHN SCOTT . I am warehouse-keeper of the Eastern quay of the London Dock. I have seen this spelter before at the police-office—there was spelter similar to this under my care, marked precisely the same—I examined the piles of spelter, and have every reason to sup pose three plates are gone—some were gone marked similar to this—the top of the pile was clean, and the other piles were dirty, so that some had been recently gone—it was lying on the quay—anybody could get at it.
Prisoner. I picked it up—I thought it was no harm, as I saw it lying on the ground.
(The prisoner received a good character.)
GUILTY. Aged 58.—Strongly recommended to mercy.
Confined Two Months.
RICHARD STONE . I am a furrier, and live in Great Portland-street. On Saturday the 9th of December, a few minutes after nine o'clock in the evening, I was in the parlour at the back of my shop—I saw the prisoner open the shop-door, come partly in, and take up a muff from the shop window, and go off with it—I ran out after him—he went up Ridinghouse lane—I called "Stop thief," after him, and he was stopped—I took him back to the shop—I picked the muff up in Ridinghouse-lane, and brought it back with me—I said I was astonished that a young man of his appearance should be guilty of such an act, and he had better get a broom and sweep the crossing than be guilty of dishonesty—he said he did not do it, that another person gave him the muff, but I had seen him take it.
Prisoner. A young man who was with me opened the shop-door and took the muff, he threw it into my hands, and ran away—I declare I did not take it myself. Witness. I saw him take it.
Prisoner's Defence. The other person was quite a stranger to me—I merely got into conversation with him as I was going home.
GUILTY .* Aged 19.— Confined Six Months.
GEORGE EARLES . I am an apprentice to a musician, and live in Great Russell-street, Bedford-square. About a quarter past four o'clock, on the morning of the 7th of December, I was walking in Holborn, near Gray's Inn, I saw the prisoner—she said it was a cold night, and asked me for part of my cloak—I gave her part—she came under it—I put it round her—we walked together in that way from Gray's Inn to the top of Southampton-street—I then found her hand in my pocket—I took hold of it, pulled it out, and took from between her finger and thumb a sovereign—I said I should give her in charge, for robbing me of a sovereign and some silver, and when I got to the station-house, I found she had got two shillings as well as the sovereign.
Prisoner. He gave me part of his cloak as far as Russell-street—he was going down there—I told him it was not my way home—I said I was close at home, would he come home with me—he said he had not money sufficient to satisfy me—I said it was a wet morning, and a trifle would be acceptable to me—he said, "I will tell you what I will give you; the cloak will cover you, I will give you 2s.; come down to me square"—I said, "If you do not wish to come home with me, there are plenty of houses of accommodation." Witness. It is not true.
Prisoner. He said if I did not go down to the square with him, I must re turn the 2s.—I refused to do so, saying I was ready to go to a house with him—he then said he would give me in charge—there were two policemen passing—he said, "I shall give you in charge to these men, for robbing me of half a crown"—he then put his hand into his pocket, and said I have got 6d.—I charge her with robbing me of 2s."—is it likely he would take a sovereign out of my hand, and leave 2s. in it? Witness. It is not true, I gave her nothing—I took the sovereign out of her hand—I did not then know she had the 2s.—I told the policeman 1 had lost 2s. 6d., till I found the sixpence in my pocket—she kept walking the way I went—I was going home—I had been out to a quadrille party, where I had been to play an instrument.
WILLIAM CLARKE . I am a policeman. I was on duty in Holborn—I saw the prosecutor bringing the prisoner across the road to me—he said she had robbed him—I asked him of what—he said, "Of half a crown," and then a sovereign—he said, "Stop, I will look in my pocket"—he counted his money, and found it was only 2s.—I asked how it happened—he said he was foolish enough to throw his cloak round her, and in going along she took the sovereign and silver out of his waistcoat pocket, and that he had taken the sovereign out of her hand—I took the 2s. out of her bosom' myself.
NOT GUILTY .
Before Mr. Justice Littledale.
261. RICHARD SADLER was indicted for burglariously breaking and entering the dwelling-house of Henry Bennett, about the hour of nine in the night of the 12th of October, at the liberty of Norton-Falgate, and stealing therein, 540 yards of velvet, value 282l.; 9 sovereigns, 5 half-sove reigns, 12 half-crowns, 51 shillings, 21 sixpences, and 15 fourpenny-pieces; his goods and monies.
MESSRS. BODKIN and DOANE conducted the Prosecution.
who lives in Spital-square. The prisoner was his porter—I remember Friday, the 20th of October last—my young masters, Mr. Bennett's sons, dined at home that day at five o'clock—the prisoner and I took tea together that day, as soon as I could get the gentlemen's dinner up, but he did not stay to finish his tea before he went out—I had spoken about going out that day, and about one o'clock he asked me at what time I should go—he asked me that at one o'clock, and at five o'clock also—I told him at one o'clock that I was going as soon as I had cleared away the dinner things—I gave him that answer on both occasions—he had wished me, during the whole of the week, to go out with a friend of his—after dinner was over, the two Mr. Bennetts went out—that was a little before six o'clock—the prisoner and myself were then the only persons left on the premises—we had not finished tea at that time—he went out without finishing his tea—before he went out he said I was to be sure to be ready to go out at the time he should come back, and that would be seven o'clock—he went out as soon as the gentlemen went out, that was before six o'clock—he went almost directly they did—I cannot say to a minute—he returned about twenty-five minutes after seven o'clock—I was then ready to go out, all but my bonnet—he asked me if I would go to my late employers, where I had lived eight years, to ask for a situation for him—they live at King's cross—I knew he was about to leave—King's-cross is a long distance from Spital-square—I told him I could not go, it was too late to go so far—it was a quarter to eight o'clock when I did go out, and I came in at nine o'clock—I shut the door after me when I went out, and tried it after me—I had told him that I should be back at nine o'clock, and he asked me to get something for supper—when I returned at nine o'clock I found the door still closed—the prisoner let me in, and I saw him in the scullery, soon after my re turn, cleaning some harness-irons—I went into the scullery Boon after him—while I was in the scullery, and he was cleaning the harness, some man passed the window, and said, I say, halloo, when you have done with that, hang it up"—I asked the prisoner who that was, and he laughed at me—that window looks out into the street, by the side of the street-door—the window was not open—the bar was down, but the shutters were shut—I could not see out, but I could hear the voice—I could hear distinctly what was said—there was a light in the scullery.
Q. Were the shutters in such a state as to enable any body outside to see what was going on inside? A. No; they could not see what was going on—they could see a light, and they might, if the shutters were not quite closed, see any one pass, but not distinctly see who it was—a person outside could not see a person in the scullery—it was the voice of a man that I heard—it is a very quiet place—I can easily hear what passes—I had noticed that the warehouse doors were both shut before I went out—they were as they usually are when my masters have locked them, and they were in that state, as far as I observed, when I returned, but I did not take particular notice—Mr. Bennett's sons returned about ten o'clock—I let them in, and they went up stairs to bed—I and the prisoner remained below in the kitchen till about twelve o'clock—the prisoner fastened the street door that night—I never had any thing to do with it—I used to light him to do it—I did not light him on this occasion—I was in the kitchen, and heard him fasten it.
Q. How came you not to light him on this night? A. He went up before I was quite ready—he went up in the dark—I followed him immediately after, and heard him fasten the front door, and put the bar down—we then both of us went up stairs to bed—I went into his room to turn
the bed down, and afterwards saw him close his room door—I got up about seven o'clock next morning—when I went out of my own bed-room, I called, "Richard"—he answered me, and said he should not get up yet—he answered me at once when I called him—I proceeded down stairs, and when I got down within four stairs, I saw the warehouse door open—that was the lower warehouse door, at the top of the kitchen stairs—I went up stairs, called the young gentlemen, and told them the warehouse door was open; and after that I called "Richard"—I called him three times—I was two or three stairs up from the gentlemen's bed-room door when I called him—he made no answer, and so I went quite up—I was eight or nine stairs from his room—I called him three times, and he did not answer me, and then I went up—I called out loud—finding I could not get an answer I opened his bed-room door, and told him to get up directly—he was in bed as usual—he came down in about one or two minutes after—he was then quite dressed, all but his boots—I do not think he had his boots on—I told him the warehouse door was open—he did not say any thing to that, but passed by me, and went down directly—he then called out for me to call Mr. Francis Bennett—I judged by his voice that he was then in the warehouse—the gentlemen then went down; and after they went down and found out what had happened, the prisoner said to me it was a strange thing how they got in, and be said, "They roust have got in at the ware house window"—I said, "How can that be?"—he said, "Why, I don't know I am sure; I opened the shutters myself, what are open."
Q. On the previous night had you observed a white bag any where? A. Yes; there was a white bag in the little room adjoining the kitchen—there were two bags, one black and one white—the prisoner used those bags—he generally carries the linen up to Compton-terrace every Thurs day night—I had given him the black bag to carry it in on Thursday night—the white bag remained, and I saw it on the Thursday evening—I do not recollect seeing it afterwards, and I think it is lost—I cannot find it—I have not missed any thing else out of that room—the prisoner was in the habit of taking the goods out in those bags.
COURT. Q. Were not you in the habit of using them also? A. No, I never used them in my life.
MR. DOANE. Q. Have you ever observed a file in the prisoner's pos session? A. I have seen him use a file—I saw him use it about three or four weeks ago, and have seen him use it several times—it is a small file.
Cross-examined by MR. PHILLIPS. Q. When you first called the prisoner up, did not he tell you he did not intend to get up for half an hour? A. No—he said, "I shall not get up yet"—those were his very words—I am not aware that I ever said his answer was, "I shall not get up till the half hour"—I did not follow him up stairs, the night before, quite immediately—I was in the kitchen a minute or two—I never said I followed him up immediately, that I am aware of—I will not swear I have not said so—I have been in Mr. Bennett's service nine months on the 10th of next month—I found the prisoner in his service when I went there.
Q. Have the prisoner and you been good friends? A. No, we have not—we have had a great many quarrels about his being out so late at night, but he has been down on his knees, and begged me not to tell Mr. Bennett of it—he asked me for my company once, but I found he was engaged to a great many—he wished to pay his addresses to me—I did not refuse him at once—I told him I should see how he went on—I have told him that a great many times—it was not long after that I found out he was
engaged to a great many—he said he was not—I told him I should not have his company, and he asked me again—I never thought any thing of him particularly—I heard he was engaged to one or two—he told me him self there were a great many came after him, but he did not think any thing of them—he said Mr. Bennett's nurse-maid came running after him to the house—I have seen her come after him.
Q. How soon after you told him you would see how he went on, did you find out his engagements to a great many others? A. I knew it be fore, when he asked me for my company—I knew he was engaged, and told him so—by seeing how he went on, I meant providing he gave them up—after that Elizabeth Lester came to see him, and several others—I never cared any thing about him—Lester is Mr. Bennett's nurse-maid—she used to come, and she said she would come running after him un known to master—I did not tell my master of her coming—I did not wish to make mischief, and I gave him up—I would have allowed him to keep company with me if he had given up the others, if he went on in the way I should wish.
Q. Is it true that you never cared any thing about him? A. I did not like his way of going on—he was out sometimes all night, and sometimes till three or four o'clock in the morning—I have had quarrels with him about other women—he was unwell once while I was in the house, and had twelve leeches on—I put them on myself, and attended on him for two nights.
MR. DOANE. Q. Did you do that with your master's knowledge? A. Yes—I sat up with him two nights.
Mr. PHILLIPS. Q. Now attend—did he not tell you in the beginning, if you did not go out that night that he himself should go out again? A. Yes—when he came home, at twenty-five minutes after seven o'clock, he said, Now are you going; if not, tell me, and I will go out again?"
Mr. DOANE. Q. How long did you live in your former place? A. I did not live there a great while, on account of the family being unfortunate, and failing—the situation before that I lived eight years at—I am still in Mr. Bennett's service, at his private house, No. 26, Compton-terrace—that is where Elizabeth Lester lived, who came after the prisoner.
HENRY BENNETT, JUN . I am one of the prosecutor's sons. His Christian name is Henry—he has a house at No. 10, Spital-square—it is in the liberty of Norton Falgate—he carries on the business of a silk and velvet manufacturer, and resides himself at Islington—I and my brother live in the house of business in Spital-square—our premises are at the cor ner of the square, and are entered by one door—there are two warehouses on the ground floor, a front and a back one—as you enter the street door, the door leading into the front warehouse is on the left hand—it may be about two yards from the hall door, not more—if you proceed to the end of the passage and turn to the left by another passage you come to the door which opens to the back warehouse—there is a door inside opening between the two warehouses—after business is over we lock the front warehouse door inside—there is a spring to that door which rings a bell if opened inward—we leave the key in the lock after locking it inside—I locked up the premises on the night in question—I did as I have stated that night about half-past five o'clock—I locked the front warehouse door inside, and left the key in the lock—I then proceeded into the back ware house—there are two iron safes there—one safe is inside the other—I locked them both—there is a drawer inside the inner safe—that was locked,
and the key of it was in my father's possession—I saw that the window shutters and bolts about the premises were all secured—I then locked the back warehouse door on the outside—that door leads into the passage to the left which communicates with the hall—there is only one entrance to the street—I locked up the key of the back warehouse door in one of the drawers in our bed-room—my brother and I sleep in the same room—there are two keys to the safes—I deposited them in the back of a till belonging to my desk, in the upper warehouse on the first floor—the upper warehouse is over the back warehouse—there is a communication from one to the other by a small staircase—there was money kept in the desk where I put the keys—the drawer is about a foot and a half long—I should think it would be necessary in order to get at the keys to pull the drawer out nearly to its extreme length—we dined that day at five o'clock—I locked the ware houses after I had dined—I had been round the greatest portion of the house that afternoon about a quarter of an hour before I went to dinner (about a quarter before five o'clock)—that was after business had closed—I cannot say exactly whether it was after the front door had been shut—I went over the greater part of the premises—it was to look for something that was missing—the foreman and a lad accompanied me—it was quite light at the time—we have work people who come to our premises with work and to fetch it—they come to the back part of the premises, on the first floor, over the back warehouse—I searched all the front part of the premises and the greater portion of the back—I searched the part the workmen are in the habit of coming to—the dwelling-house is not entirely separated from the part used for business—they are on different floors—there is a door as you go upstairs which you have to pass through before you leave the business premises to get to the dwelling-house part—it has a spring which causes it to shut of itself—there is also a spring to it which rings an alarm-bell—I searched all the parts of the premises below that door on this evening, and I did not find any person in the place then—my brother and I went out directly I locked up the warehouse—it might be about twenty minutes to six o'clock—we let ourselves out—I found the outer door closed when we went out, and I closed it after me, I am quite positive—my brother and I were generally in the habit of going out after dinner, and usually returned about ten o'clock—we returned rather before ten o'clock that night—Susannah Baker let us in—I noticed that the front warehouse door was closed when I came in—my brother and I proceeded to bed directly—we did not lock our bed-room door—I was not disturbed at ail in the night—I was alarmed about seven o'clock by Baker, and on proceeding down stairs I found the front warehouse door open, and the spring inside communicating with the bell, turned up—the key was in the lock—it did not appear to have been at all forced, but as if it had been opened from the inside—I had noticed that door closed at ten o'clock the night before.
COURT to SUSANNAH BAKER. Q. Which warehouse doer was it you found open at seven o'clock in the morning?—A. The warehouse door at the top of the kitchen stairs—that is the back warehouse.
HENRY BENNETT continued. Q. Did you try the front warehouse door when you returned at ten o'clock?—A. I did not—it might have been unlocked, but it was closed at that time—the prisoner was down before me in the morning—after I had ascertained what had been done to the door I examined the iron safes, and found the doors of both the outer and inner safes open—there was not the least appearance of force having been applied to them—I found a knife stuck in the drawer of which
my father had the key—I did not find a key in that lock—I saw a small key lying on the counter, but it was not in the lock—on applying that key to the lock of the drawer I found it would enter but not turn—the drawer had not been opened—that small key appeared to me to have been recently filed, so as to enable it to go into the key hole—I have the key here, and the drawer too—this does appear to me to have been recently filed—it goes into the key-hole, but will not turn—I found some skeleton keys, crow bars, and dark lanterns spread about—I then looked at the door of the back warehouse, which was wide open—there did not appear to have been any force used to that door—I then proceeded to my desk in the upper warehouse, and found the top of the desk forced off and prised up, by which means the drawer could be got at, but the desk had not been opened—that would enable the parties to get the keys of the safes from the drawer—there is a flap to the desk itself—that was not interfered with—there was about 20l. or less in the fore part of that drawer—the greatest portion of that was gone—there was a half-sovereign, a fourpenny-piece, and some copper left—I found the keys of the safes in the same part of the drawer as I had left them—I brought the key of the lower back warehouse down with me—I had it in the drawer of my bed-room, where I had put it the evening before—I found that drawer locked as I had left it.
Q. Could any person, after ten o'clock that night, become possessed of the key of the back warehouse without coming into your bed-room, and by some means opening that drawer and taking the key out? A. No—I found that key in my bed-room and the drawer locked—there was another desk opposite mine, in the warehouse, there is one flap to that desk—there are four desks in the lower back warehouse—there was no other desk interfered with, except the one which had the money and the keys of the safe—eighteen pieces of velvet were gone—they were worth about 280l.—they were kept on the floor close to the front warehouse door—they were in boxes—some in a row, and others piled on them—they were velvets of an expensive kind—there were other boxes containing inferior velvets—they were in separate boxes—there were velvets laying about the counter and warehouse, out of cases altogether—none of the inferior kind, either in cases or open were taken away—there was only one piece kept in each box—there were about two dozen boxes or rather more taken—the eighteen boxes which had contained the velvet which was taken away, were left empty—I should think there was about one hundred boxes of velvet altogether in the warehouse—those we lost were some of the best—our back premises are shut in by high walls—I did not find the least appearance of anybody having entered at the back—I examined the windows and fastening in the front of the house, and there was not the least appearance of violence having been used any where—the prisoner had been in my father's service about three years—he was the porter.
Q. Would he in his employment have the means of knowing where the money was kept and the keys, and the general system of placing the goods in boxes? A. He would—there is what is called a Number-book kept in the warehouse—by referring to the numbers there a person can see in what boxes the best velvets are kept—the prisoner would have an opportunity of looking into that book if he chose—my father had given him notice to quit his service—his time for leaving would have expired on the Wednesday after this Friday—we had a dog kept on our premises—it is between an Italian greyhound and a terrier—he runs about the premises—he is a very small clog, but very sharp indeed—if the bell rings
or any noise is made he will come up stairs and bark directly—we have never heard any thing of the property.
Cross-examined by MR. PHILLIPS. Q. The thieves did not encumber themselves with twelve boxes? A. No, they did not—they are paste board boxes—they would be rather an encumberance—it is impossible to say how many workpeople come backwards and forwards to our house in the course of a day, perhaps we may have as many as thirty, and sometimes perhaps fifty—we have a foreman and a lad.
Q. You say the prisoner had notice to quit the service, do you know whether Susannah Baker had made any complaint of him? A. She complained to me once or twice—he would not let her out on Sunday—I have never found strangers up stairs when I have gone up—I have seen them at the top of the stairs by the warehouse door—they were strangers to me.
MR. BODKIN. Q. Would a bag be a convenient thing to carry the goods away in? A. Yes.
FRANCIS BENNETT . I am the brother of last witness. I dined with him on this day, and returned with him about ten o'clock at night—next morning I was alarmed by the witness Baker—I came down first, and observed the prisoner standing at the street door—the front door was unfastened—it had been fastened by a bolt at the top, another at the bottom, a chain in the middle, and a bar which goes into the ground in the middle—it is a great cross-bar—there was also a lock to the door—the lock must have been undone, because the door was ajar, but I did not go to the door—the removing of those fastenings would make a considerable noise—I can always hear them removed in my bed-room of a morning—I have always heard them—I did not hear them on that Saturday morning—I had seen some inferior velvets on the counter of the back warehouse on the Friday evening before I had dined—I saw them on the following morning—they were in the same state then, except that two pieces of paper, which were put on the top to keep the dust off, were on the ground—that would enable a person to see the quality of them—I do not know who opened the warehouse shutters that morning—I did not see my brother open them—I did not hear any noise from the dog that night—it always used to bark very loud when any strange noise occurred, or any stranger appeared—when the policeman came we found various crow-bars and other things—the policeman is ill—I have seen one of the keys that was found—that key goes into the lock of the drawer exactly—it has been filed.
Cross-examined. Q. Is not this small key a kind of skeleton key? A. I have never seen such a key before.
SUSANNAH BAKER reexamined. Q. Do you remember, when you came down on the morning of the robbery, whether the prisoner said any thing to you about the state in which he found the hall door? A. Yes—he pointed to the bar of the door, and said, "This was up"—that was not when I first came down in the morning—it was while the policeman and the gentlemen were in the warehouse—the prisoner said to one of the young gentlemen, "This door is open, Sir, and the bar is up"—he was standing by at the time—he was speaking of the street door—the bar lets down into the floor—when it is up it hooks into the middle of the door.
FRANCIS FARGUES . I live at No. 123, Church-street, Shoreditch. On Friday night, the 20th of October, about twenty minutes or half-past seven o'clock, I was in Spital-square—I know Mr. Bennett's premises—I saw three men about that time that evening near his house—they were standing
still—Mr. Bennett's is the corner house—they were on the opposite side, between the road and the footpath leading to the door—being a corner house, it has one side without a door to it—they were the same side as the street door is on—I think they were about fifty yards from the street door—I cannot say how wide the street is—there is room enough for two carriages to pass—they were on the footpath leading to the square, on the side leading to Mr. Bennett's door—the post and steps were between them and the door—I would sooner say they were less than fifty yards from the door than more—I heard one of them say, "I will make it all right"—one of them then left the others—whether it was the man that spoke I do not know—he went to Mr. Bennett's door—I have no doubt the prisoner is that man—I saw him before the Justice—when he went to the door I went on, leaving them there—I did not see whether he went in or not.
Cross-examined. Q. Have you always said you had no doubt of him? A. I have said I believed it was the prisoner, but I have no doubt—I believe I have stated what I stated before—I think I have always said I had no doubt—I have said I had no doubt but what he is the same man—I always said I believed him to be the same man.
Q. Have you always said you had no doubt—do not you know you have not? A. No—I think I have always said it—I have stated that I always thought he was the man.
MR. BODKIN. Q. Have you always said you believed him to be the man? A. I have—I never expressed any doubt about his being the man.
WILLIAM ANTHONY . I am a private Watchman to the inhabitants of Spital-square. I was on duty on Friday night, the 20th of October—I have a watch-box opposite Mr. Bennett's house—I went n duty at nine o'clock that night, and left at six o'clock next morning—I am about a quarter of an hour going my beat.
Q. During the time you were on duty, from nine to six o'clock, did you see any persons go into Mr. Bennett's house? A. No, neither in nor out—nothing attracted my notice.
Cross-examined. Q. You will not venture to swear people did not go in or out? A. I will say nobody went in or out during the time I was present—I was gone my rounds when the Mr. Bennetts went in—I cannot say how many might have gone in while I Was on my round.
GEORGE HADLEY . I am a smith. I have examined the door of the back warehouse at Mr. Bennett's—I have examined the lock of it, and also the lock of the outer iron safe—in my judgment, neither of them have been opened by a pick-lock.
ANDREW CASEY (police-constable H 94.) I was on duty on Saturday morning, the 21st of October—my attention was not directed to Mr. Bennett's premises—I only tried the door in the usual way—I remember doing so that morning before the clock struck six—I found it secure—every night and morning, before I left my beat, I tried that and other doors in the square—I did not make a great deal of noise in trying the door—I have frequently heard the dog bark when I have tried it.
Cross-examined. Q. Were you before the Magistrate? A. No.
(Witness for the Defence.)
MR. BODKIN. Q. Has your acquaintance with the prisoner continued
down to the time he was taken on this charge? A. Yes, I was in the habit of keeping company with him at Mr. Bennett's house—I have been there sometimes from seven o'clock in the evening till eight, and some times from fire till eight o'clock, but not later.
Q. Have you ever been in trouble? A. Yes, I once took the benefit of the Insolvent Act, in the Marshalsea—I saw Mr. Bennett on the Saturday after the robbery, and proposed to take him to Petticoat-lane, to show him some acquaintance the prisoner had there—there was in con sequence of Baker stating to Mr. Bennett, that she did not know where the person lived, who was as much an acquaintance of hers as the prisoner's.
Q. Did you know that he had a female acquaintance living in Petticoat lane? A. Not till she told me; she used to lend her novels to read—she kept a library—I have had some conversation with Baker about the robbery, in the presence of the two Mr. Bennetts—I have not had any conversation with her when they were not present—I will swear that—I beg pinion—once since, at Worship-street, on the day of the examination.
Q. Take care how you answer this question—on your solemn oath, did you not say to her that you could at any time excuse yourself from taking a false oath? A. No, never, nor any thing of the kind—I had the conversation with her at Worship-street, on the day the depositions were given is the officer's lodge—I did not say any thing to her about an oath—I never at any time said any thing to her about taking an oath—never in my life—I have kept the house I now live in, for 20 years—I go to quadrille patties—I became acquainted with the prisoner through his brother-in-law, who is an intimate acquaintance of mine.
MR. PHILLIPS. Q. Did Baker say any thing to you respecting the prisoner? A. She said she was very much surprised he should act so villlainously to her after seducing her after she had been three days in Mr. Bennett's house.
(Several witnesses deposed to the prisoner's good character.)
NOT GUILTY .
Before Mr. Baron Gurney.
262. WILLIAM CARNEY was indicted for feloniously breaking and entering the dwelling-house of James Charles Money, on the 8th of December, and stealing therein 1 scent-box, value 4s.; and 2 breast-pins and chain, value 5s.; his goods.
JAMES CHARLES MONEY . I am a Jeweller, and live in Smithfield-bass, in the parish of St. Sepulchre's. I did not miss this property till a police man came last Saturday morning, the 9th of December, and made inquiry—I then examined my stock which was near a hole cut in the window, end missed a scent box—I did not miss the pin till it was shown to me—the hole must have been made in the glass on the Friday night—it was whole in the afternoon—I cannot say positively that I had seen the prisoner in my shop that day—I had seen a boy like him about eight o'clock on Friday evening—he came and inquired if I sold steel pens—he did not buy any—I did not discover the hole till I took the shutters down next morning—it is a hole out of the corner, rather more than an inch, quite large enough to take a scent-box out—I had several breast-pins of the same description as these near the hole, and could not positively miss them.
last I went to a beer-shop in Turnmill-street, Cow-cross, about half-past nine o'clock, and saw the prisoner in a back room, the door of which was open—I went into the room—before I entered the room the prisoner saw me, and went from the middle of the room towards the side—I went into the room and asked him if he had not slept at a house in Field-lane—he said he had not—I said a robbery had been committed—he said he knew nothing of any robbery—I searched him, but found nothing on him but an old leather pouch—on hearing something from the landlord we searched the room and another room—I did not find the property myself, but my brother constable found it in the room the prisoner was in—I saw him find a parcel tied up in a piece of old handkerchief in the corner of the room, between the seat and the wall, at the back of the seat—it contained a scent-box and a breast-pin, with another small pin attached to it by a chain.
HENRY BROOKMAN . My father keeps the Lord Melbourne beer-shop in Turnmill-street. The prisoner came there on Friday night between nine and ten o'clock, and asked me to take care of a little parcel for him which was tied in a dirty blue handkerchief—I did so—he came again next morning about half-past eight o'clock and asked me for it, and I gave it to him—that was about half an hour before the policemen came—they saw him in the room, and searched about and found it behind the seat—I saw it produced—it was the same parcel as I had given the prisoner.
Prisoner. It was six halfpence that I gave him.
Prisoner's Defence. I had threepence in halfpence in a handkerchief—I left them with him, and in the morning when I came I bought a penny roll and an egg for breakfast, and had a farthing left.
NOT GUILTY .
Before Mr. Baron Gurney.
263. MICHAEL MULLINS was indicted for stealing, on the 2nd of November, at St. Marylebone, 7 handkerchiefs, value 1l.;5 sovereigns and 2 £10 Bank-notes, the goods, monies, and property of Gabriele Rosetti, in his dwelling-house; to which he pleaded
(John Corbett, a coal-merchant; William Nicholls, silversmith, Buckingham-place, Fitzroy-square; Thomas Scott, gentleman; Thomas Powell licensed victualler, Buckingham-place, Fitzroy-square;—Callagham, auctioneer and appraiser, Fitzroy-square;—Powell, attorney's clerk; Thomas Fitzgerald, gentleman, 38, George-street, Bloomsbury; and Margaret Stedman, 30, Cirencester-place, deposed to the prisoner's good character.)
Recommended to mercy by the Prosecutor.— Transported for Ten Years.
Before Mr. Baron Gurney.
264. JAMES WALTON was indicted for stealing, on the 8th of December, at St. James, Westminster, 9 engraved copper-plates, value 94l.; and 1 engraved steel plate, value 10l.; the goods of Henry Graves and another, in the dwelling-house of Richard Hodgson.
HENRY GRAVIS . I am a publisher and printseller, in partnership with Richard Hodgson, in Pall-mall. On the 8th of December I received in formation, and missed nine copper plates and one steer plate, which I had had in my possession—they were for a work of Sir Joshua Reynolds, in the course of publication—they would cost upwards of one hundred guineas to replace—from information I received, I went to Mr. Morris, in Holy well-street, Strand, and found the plates there—that was last Friday, the 8th of December—I have no recollection of the prisoner—the plates had been returned from the printer on the 5th of December, and the last time I saw them they were lying on the counter in my shop.
HENRY MONTRION . I am in the employ of Mr. Dugdale, a bookseller. I superintend a shop which he has at No. 94, Drury-lane—on the 8th of this month I was sitting in the shop, and the prisoner came in—I had met him in the street before, and knew him as a collector of books—he said he had some copper plates, and undid a parcel and showed them to me—he asked if I could inform him where he could dispose of them, or ascertain the value of them—I looked at some of them, and said I did not know the value, nor where to dispose of them—he packed them up, and would have gone out, but Mr. Dugdale came in and asked him what he had there—he showed them to Mr. Dugdale, and he delivered them into his hands.
Prisoner. Q. How long have you known me? A. Four years—I have bought books of you occasionally—it is some time since I bought any, but I have bought books several times of you—I did not buy one on Friday morning—I know a person named Mason, and Hart—I have bought books of them, as Well as others.
Q. I believe you were threatened with a prosecution for buying the Sporting Magazine, which you knew to be stolen? A. I knew nothing relating to it—I was never prosecuted, nor threatened with a prosecution—I have been in the Royal Marines—I was not discharged for using seditious expressions—1 have a pension now.
WILLIAM DUGDALE . I came in while the prisoner was with Montrion in my shop—he was in the act of tying up the plates—(I went in from in formation I had received)—having forbidden him the place I said, "What are these?"—he said, "Nine copper and one steel plates"—I said, "How have you been making these?"—he said, "I have been making them with my own hands"—I looked at them, and saw they were valuable—I asked him what he wanted for them—he said, 30s.—3s. each was not too much—I told him I could not spare 30s., and if I could I should not like to have them on the premises—he replied, that if he could not sell them, he thought the better way would be to take them home, hammer them up, and sell them for old copper—I said it was a pity to throw away such valuable property to sell for old copper, and rather than he should do that I would see what I could do with them in the way of disposing of them—having an acquaintance with Morris, in Holy well-street, I sent for him to know the value, and in the mean time the prisoner said he must have 1s. as he wanted something to eat, and he would leave them if I would lend him 1s.—I lent him 1s.—he said he would call in a quarter of an hour, which he did, and I introduced Morris to him—it was agreed that he should call at Morris's house and make a bargain about them—he left my house, leaving the plates in my possession—they were not opened in the prisoner's presence, but they were given to Morris, who took them away
in the prisoner's presence—he was to take them home, ascertain the value, and the prisoner was to call in a quarter of an hour, when Morris would tell him if he would buy them, and at what price—Morris gave information to the prosecutor.
Prisoner. Q. I believe you bare purchased many things of me? A. Not many—I have several—not within the last fortnight—I have not bought the Pickwick Papers of you—I forbid you the place, in consequence of your having been sentenced in October Sessions for a similar offence.
Q. You have been prosecuted yourself, I believe twice, at the instance of the Society for the Suppression of Vice? A. More than that, but never for any felony.
Prisoner. He told Montrion he thought it not safe himself to bay any thing of me, but through the medium of him. Witness. I told Montrion, that having forbidden him the place, in consequence of his conviction, I would have nothing more to do with him, and was astonished at his audacity in coming to my shop—I gave him the 1s. to prevent the plates being broken up.
EDWARD JOSEPH MORRIS . I am a printer and print publisher. On Friday last I was sent for by Mr. Dugdale, and saw the prisoner at his shop—I removed the plates, and took them home, and told the prisoner to call on me in a quarter of an hour—when I examined the plates I suspected they were not honestly come by, being valuable, and when the prisoner came I was denied to him—I hastened out of my private door and gave Mr. Graves information—I brought him into my shop, and gave the prisoner into custody with the plates.
Prisoner. Q. Have you been in the habit of printing for Mr. Dugdale? A. Certainly.
MR. GRAVES re-examined. On receiving information I went to Morris's shop—he went up stairs and brought the plates down—I knew them to be mine—I saw the prisoner when I came into the shop, and heard the conclusion of the bargain—I had waited an hour and a half up stairs, and when the prisoner came I came out at the private door and re-entered the shop—I heard the conclusion of the bargain, which was that he was to give 1l. for the ten plates—12s. that day and 8s. the next—I desired Morris to call him into the back place, which he did—I followed and asked him where he got the plates—he said he bought them somewhere in the New Cut, and if I would accompany him he would take me to the person—I insisted on calling in a policeman—I sent Mr. Dugdale for one, who was on the premises, and he came and took the prisoner and the plates.
JOHN GIBBS . I am porter to Mr. Lee, a copper-plate printer. I know these plates—I saw them last on Tuesday, the 5th—I packed them up is our warehouse, with 50 sets of prints, and left them with Mr. Graves.
MR. GRAVES re-examined. They are the property of myself and partner—it is a portion of a work of 300 plates, and these ten would spoil the set—this number was only published in the present month.
Prisoner's Defence. I an innocent of stealing the plates—I was entrusted with them by a person whom I have long known—I have known the wit nesses Montrion and Dugdale—they were in the habit of buying goods of me—I offered them to Montrion, who said he could not do any thing with
me—while talking, Dugdale came in, and, having looked over them, said he thought they would suit a person whom he knew—he sent, and told me to call again, which I did, and was introduced to Morris, who told me to call on him, which I did, and, having some conversation with him, was taken into the back room, when he told me they were stolen, and introduced me to Mr. Graves, who claimed them as his property—I offered to take them to the person I had them of—Mr. Graves admits he has no knowledge of me—on being taken into custody I offered to show the policeman where I had them—I could have no motive in deceiving him or Mr. Graves—I was in the greatest distress, my wife and daughter having had no sustenance from Wednesday night till Friday morning, and they are both patients of the Surrey Dispensary—under all these circumstances, I humbly trust you will perceive that I had no hand in stealing them—I was induced to try and sell them to get a trifle to procure bread for my distressed wife and child, without any criminal intention—the character of the witness Dugdale is very well known—from what I have, stated 1 hope you will consider the circumstances—I leave my case in your hands.
MR. GRAVES re-examined. A book-collector would know these were valuable I should suppose—our names are under one of them—Mr. Hodgson resides on the premises.
GUILTY .* Aged 26.— Transported for Fifteen Years.
Before Mr. Justice Littledale.
265. SARAH BUGDEN was indicted for stealing, on the 18th of November, 1 watch, value 10s.; 2 seals, value 1l.;1 half-crown, 12s., 2 sixpences, and 1 fourpence; the goods and monies of Joseph Henry Hedge; to which she pleaded
GUILTY . Aged 28.— Confined Six Months.
Fourth Jury, before Mr. Recorder.
CHRISTOPHER WALTON . I live at No. 24, Ludgate-street, in the parish of St. Gregory by St. Paul, in the City of London. I know the prisoners by sight—I found them at my shop on Wednesday evening, the 6th of December—my young man told me they had taken a diamond ring, and placed another instead of it, and I gave them in charge.
WILLIAM FISK . I am in Mr. Walton's service. About five o'clock last Wednesday afternoon, the two prisoners came and asked to look at some diamond rings—I showed them some small ones—they said they wanted to see some larger, which I showed them—on turning my eye I saw there was a tray of brooches there, and I put it into the window—I turned, and then a man came in and asked to look at some tooth-picks—our boy went to speak to him, and I saw Melloy go to the door—Allen was then looking at the rings—the other man went out—Melloy then returned, and persuaded Allen not to have a ring to-night—I had shown him one ring at sixty guineas, and saw a common rose-diamond ring in its place—I said, "It is very strange, there was a sixty guinea ring here, and now I see this beastly thing"—I requested they would wait till Mr. Walton came.
Cross-examined by MR. DOANE. Q. You saw Melloy at the door? A. Yes—when I put the tray of brooches into the window, the man came in
for the tooth-picks—I left the diamond ring tray before the prisoners while I put that tray into the window—the ring we lost is called a cluster ring—a brilliant cluster—Melloy urged Allen to go, after the tooth-pick man had left, but Allen still continued to look at the rings.
COURT. Q. They bought nothing? A. No.
JOHN BOSHER . I was in the shop at the time the third person came in to look at the toothpicks—he walked to me and asked me to show them—he left the door open—I went to shut it—I then came round the counter and showed him the toothpicks—I saw Melloy go to the door and open it—I then went to serve my customer—he took up a toothpick and asked tin price—I said, "2s. 3d."—he put it down, said, Wait a bit," and hastily went out, passing Melloy at the door, and then Melloy came back to Allen, and kept urging him to go.
CHARLES GLBSON . I live at No. 71, Bishopsgate-street Within. I lost a ring on the 5th of December, and found it in Mr. Walton's possession—I had seen the prisoners at my house the day before—they came in and asked to look at some diamond rings—I showed them some—'they bought none, but when they were gone I missed this, which is the one that was left at Mr. Walton's.
Cross-examined. Q. This is merely a rose diamond ring? A. Yes, it is worth 5l.—I had never seen the prisoners before—this ring is my manufacture—I missed it immediately after they left.
WILLIAM STANTON (City police-constable 29.) I was called in, and found a £10 note, a £5 note, and 14s. 6d. on Allen, but no ring—on Melloy I found four sovereigns and 7s.—I searched them minutely in the back room—I found nothing more about them—I did not stop the tooth pick man—I came after he was gone.
JOSEPH MARTIN . I am Inspector of the City-police. The prisoners were brought to the station-house about five o'clock on Wednesday—I asked where they lived—Allen said he lived at Hoxton-square, and the other said No. 1, Tabernacle-walk—they were both false addresses—one afterwards said that he lived at Webb-square, which I found to be true.
ALLEN*— GUILTY . Aged 23.
MELLOY*— GUILTY . Aged 23.
Transported for Fifteen Years.
See page 193.
267. WILLIAM JOHN LIGHTFOOT was indicted for stealing, on the 29th of December, 5 printed books, value 30s.; 1 picture, value 4s.; and 16 pieces of foreign coin, value 9s.; the goods and monies of William Evans.
WILLIAM EVANS . I live at No. 23, West-street, Somers-town. I am a barman, but am out of employ—I lived at the corner of Plum tree-street last—I employed the prisoner to bring my box from my mother's, No. 28, West street, and told him, when he brought it to Devonshire-street, to keep it there, as I was going to leave—when the box was brought to me I examined it, and missed five books, a picture, and sixteen pieces of coin—I had locked the box before I left it, and it was brought to me, locked—I had not lost the key, I had it with me—I afterwards saw the prisoner in Arlington-street, at a person's named Branch—I said he was a pretty fellow, to serve me in the manner he had, and told him I had missed these things—he said he could not help it—that he was going to send to his friends, and he would bring my things back—I said if he did I would forgive him, but he did not bring them back, and I gave him in charge.
Cross-examined by MR. DOANE. Q. Did he not say he was sorry? A. Yes, and he afterwards told me he had not got any answer from his friends
—he then appointed me to see him in the evening—I went, and he mid he bad not heard from his friends, and he wished me to go in the morning—I waited for his answer till that evening—I then gave him in charge—he is a barman—three of the duplicates were found on him.
JOHN BUCKINGHAM (police-constable D 103.) I apprehended the prisoner in Arlington-street. I charged him with stealing the books and other articles from the prosecutor's box—he said he was very sorry, but if he had time he would replace them—I took him to the station-house, and found three duplicates and a key on him.
Cross-examined. Q. That was not a key of the prosecutor's box? A. No, a different key—I found nothing else on him.
RICHARD WAYLETT . I am shopman to Mr. Fairbairn, a pawnbroker in Lisson-grove. I have three books—these duplicates were given for them—I took the pledge in, but have no remembrance of the prisoner—it was a man who called himself Charles James—the articles were pawned on the 20th.
NOT GUILTY .
ELIZABETH SARAH SPENCE . I am single, and live in Artichoke-row, Mile-end. On the 4th of December I was in Mile-end-road, about eight o'clock in the evening, near Cannon-place, and saw the prisoner—he snatched my muff from me, and ran away with it—I called "Stop thief" and he was stopped—I saw him in the policeman's custody—a boy brought me my muff.
Cross-examined by MR. DOANE. Q. Was it quite dark? A. Yes—there were several persons in the street when the alarm of Sop thief" was given, not before he ran up the street—he rushed out suddenly on me, and took my muff away—I never saw him before—it was done quite on, a sudden—he was standing to take it, and rushed out suddenly as I passed the end of the street, and ran away with it—it was at the corner of a street—he ran up the turning into another street—I followed him as fast as I could—he was running as quick as he could—I next saw him in custody—I am not mistaken in him—I am quite certain he is the man—I know him by seeing his figure as he snatched my muff away—I am positive of him—I looked at his figure—he gave such a sudden snatch I could not hold the muff—it was his figure I knew him by when he was in custody—I am quite certain of him.
COURT. Q. Did you see his face as well as his figure? A. Yes, I did—the lamps were lighted—I could see his face and figure, and appearance generally—I noticed his appearance in struggling for my muff—I have not the least hesitation in saying on my oath he is the man—he was brought into my presence about a minute after he took it, and within fifty yards of the spot.
HENRY CRESSWELL . I am a shoemaker, and live in Edwards-street, St. George-in-the-East. I was going down Cannon-place on the evening in question—a man rushed against me—Miss Spence cried out to stop him—I did not attempt to stop him till he got a pace from me—she then came and cried "Stop thief"—I followed him, and lost sight of him for about
half a minute—when I came back he was in the hands of the policeman—I am certain he is the man she had called on me to stop.
Cross-examined. Q. What time was it? A. Between eight and nine o'clock, I think—nobody was with me—I was coming down Cannon-plan—as I ran one or two more ran.
JOHN FORWARD (police-constable K 181.) On the night in question I heard a cry of "Stop thief"—I saw the prisoner running at a furious rate—he came down Reading-street, and I stopped him, hearing the cry of "Stop thief"—he was a very short distance from Cannon-place—I asked him what he was doing—he told me his brother was running after him—some people came up, and said he had stolen a muff from a lady.
Miss SPENCE re-examined. This is my muff.
GUILTY. Aged 18.— Judgment respited.
269. JOHN MILLER and GEORGE PLATT , were indicted for stealing, on the 5th of December, 1 watch, value 3l.; 1 seal, value 2s.; 3 watch-keys, value 3d.; and 1 watch-chain, value 1s.; the goods of Thomas West, from his person.
THOMAS WEST . I am mate on board the Holly, of South Shields. On the night of the 5th of December, I was in company with the two prisoners and another man, at the Prince Regent public-house, Ratcliff highway—I pulled out my watch to see the time, at a quarter before ten o'clock, and about ten o'clock I missed it—I went for a policeman but could not find one—I am sure I put my watch back into my pocket—when I came back from looking for the policeman the prisoners and the other man were gone—I knew where one of them lived, but not exactly—I did not take the policeman there, nor to any lodging in Brunswick-street, nor to any lodging——I gave the policeman orders, and a description of my watch.
Q. Then is it true that you knew where Miller lived, and took a police man to his lodging in Brunswick-street? A. That is not right—I did not do that—this is my signature (looking at his deposition)—it was net read over to me that I recollect—it was written, and I signed my name to it afterwards—I do not think it was read over to me.
Cross-examined by MR. DOANE. Q. Had not you visited some other public-houses that night beside the Prince Regent? A. I was in the Jolly Sailors before they came—I left my ship at near seven o'clock that evening—I walked as far as Wellclose-square—I then went into the Jolly Sailors—that was the first public-house I was in—I had been on board my ship all day, and never tasted a drop of grog all day on board—there was grog allowed, but I did not take it—I always keep my hands from that—I refused taking the grog I was allowed—I did so that day particularly—I was determined to be sober—I called at the Jolly Sailors, and had a pint of half and half—I went in by myself, and staid there an hour and a half or a couple of hours drinking it—I drank nothing but the half and half—a couple of pints of half and half was the outside of what I had there—I did not take any spirits in their company—I was by myself in the Jolly Sailors—I drank and gave the same compliment back again—I did not drink spirits there—I was drinking my half and half.
Q. What, for two hours? A. I was in the house that time—I cannot say what I drank—I might drink more—it was past nine o'clock when we left the Jolly Sailors—these men went to the Jolly Sailors with me, all three of them—they were in company—we went from the Jolly Sailors
to the Prince Regent—we all drank together—we were all alike—I cannot tell whether we were sober—I cannot say these men were drunk—I was not drunk when I fell in with the policeman—it was ten o'clock when I left the Prince Regent to look for the policeman—I had a pint of half and half at the bar—I had no more there, no spirits—I was certainly a little the worse for liquor—I was about to be married, but not just then—I did not ask anybody to take care of my watch and give it to my lady—I never said I might have done so—I was qualified to take care of it myself—I never said I had given it to somebody to take to her—the lady was not present—she lived in the neighbourhood—I will take my oath I had not given my watch to any one to take care of—I put it into my fob pocket—there was a hair-ribbon to it—it did not hang out much—I missed it at ten o'clock as I was standing at the bar drinking my beer—the landlord had served us, there was no one behind the bar but these three men.
Q. How did you miss it, did you find it going out of your fob? A. No, the clock struck ten, I went to look at my watch and found it was gone—I did not feel it drawn out—I was sober—I cannot say but I was a little forward—I have not been drinking to-day.
Cross-examined by MR. JONES. Q. What time did you leave your ship? A. Near seven o'clock—I walked up the Highway—I went into the Jolly Sailors near upon eight o'clock—I was in and out three or four times in the front part of the house—I did not drink any rum at the Prince Re gent—the third man was no relation of mine—he was a stranger—I went hack to my ship at twelve or one o'clock in the morning—I was as sober as was before—I tasted nothing afterwards.
JOHN CONDEN (police-constable H 179.) I took Miller into custody about two o'clock on Wednesday morning, the 6th of December, at his lodgings in Brunswick-street—West gave me a description of the man, and said he believed he lived there—I found he answered the description, and took him—I found nothing on him.
THOMAS CUMMINS (police sergeant H 5.) On the night of the 5th of December I saw the prisoners in Princes-street, Ratcliffe-highway, about a quarter to eleven o'clock, about a hundred yards from the Prince Regent—there was a third man in company with them, called Sailor Jem—they were in close conversation, and when I came up to them, Miller made signs, which made me conceive a felony had been committed, or was in contemplation; at half-past one o'clock I came round my beat, and heard that an officer had Miller in custody—I then went in pursuit of the other prisoner, about half-past two, or a quarter to three o'clock, to Brunswick-street, and in a brothel there I found George Piatt in bed—I charged him with felony—he denied all knowledge of it—I asked him if he had a watch in his possession—he declared to God he had not got it, and knew nothing of it—I put my hand in, and inside his jacket pocket, which hung over the door, I found a watch—he then said that in the Fir Tree public-house, at the corner of Commercial-road, Miller gave him the watch to take care of till the morning—he had before declared to his God he knew nothing about it.
Cross-examined by MR. DOANE. Q. You at first charged him with being implicated in the felony? A. Yes, and he denied all knowledge of the felony—I was in uniform.
(Property produced and sworn to.)
Platt's Defence. The watch was given to me by Miller, to give to his
woman outside the Prince Regent public-house—when the officer camel was fast asleep—I did not know what to do.
PLATT†— GUILTY. Aged 33.—Recommended to mercy.
Confined Six Months.
MILLER— NOT GUILTY
ROBERT PARNELL . I am a hosier, and live in Tottenham-court-road. I saw the prisoner in my shop on the 5th of December, about a quarter-past six o'clock in the evening—she asked me to show her a pair of black worsted stockings—I requested her to wait a minute or two, as I was serving a customer—she said she would; but in the meantime she took a pair of trowsers off the counter, and threw them down at her feet—I took no notice of it, and in about two minutes she stooped down, picked them up, and ran out of the shop with them under her apron—I followed, and took her in Tottenham-street—I did not see her drop them, as it was dark, but I saw them is the road, in the direction she ran, about two yards from her—when I stopped her I told her she had stolen a pair of trowsers out of my shop she said she had not, she had bought them, and paid for them—when I got her back to the shop she said she would pay me for them, but I gave her in charge.
ALLEN HORATIO GARNER (police-sergeant E 3.) I went to the prosecutor's shop, on the 5th of December, and took the prisoner into custody, with the trowsers—she said she knew nothing about them, but on the way to the station-house she said she had no intention of stealing the articles—when I took her into custody she dropped a pair of new shoes, which she said did not belong to her—4s. 3 1/4 d. was found on her at the station house.
MR. PARNELL re-examined. These are my property, and what I saw her take out of the shop.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
NEW COURT.—Wednesday, December 13th,1837.
Sixth Jury, before Mr. Common Sergeant.
271. JOHN CUNNINGTON, alias Davis, was indicted for embezzling, on the 6th of November, 4s. 61/2d.; on the 22nd of November, 7s.; and on the 27th of November, 6s. 41/2d.; which he had received, as servant to, and on account of George Dennis, his master; to which he pleaded
GUILTY . Aged 25.— Confined One Year.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
CHARLES NEAVE . I am servant to Robert Allen, of Hart-street, Grosvenor-square, a baker, he sells tobacco. At five o'clock, on the 6th of November, the prisoner came for an ounce of tobacco—I served her—it came to 31/2d—she offered a half-crown—I gave it to my master—he cut it in two and returned it to the prisoner—it was not out of my sight—I am sure it was the one she gave Me.
Prisoner. Q. Did you ask me to pay for the tobacco—I said It is not for myself, I am very sorry it is bad." A. You said you had no more money.
ROBERT ALLEN . I got the half-crown from ray servant. I saw it was bad, and cut it—I gave it to the prisoner—she said she could not take the tobacco, she had got no more money—she went out—I followed her about a hundred yards, and she fell in company with another woman, who has been remanded—I followed the prisoner to Piccadilly, and had her taken—a purse was taken from her containing two bad half-crowns, the one I gave her back, and another—5s. in good money, and 41/2d. in copper.
Prisoner's Defence. On the 12th, Wednesday, I was in company with Mary Clark, and it was raining—we went to a wine-vaults till it abated—an acquaintance of hers came into the house, and asked me to fetch him some tobacco, for which he gave me half a crown—I did not know it was bad, till the master cut it, and gave it me—I told him it was not for my self—I went hack to the man—he gave me another—I did not offer that till I had tried it with my key—T could not bend it with that, but I did, by fixing it in the iron railings—he told me to give them to him back, but before I could turn, he told me to run and throw them away—I had not long left him when a policeman came and tapped me on the shoulder, and took me to the station-house—he asked if I had been passing a bad half-crown—I said I had, and gave the two to him—I throw myself on the mercy of the Jury, as I never offered bad money in my life.
GUILTY . Aged 20.— Confined Six Months.
THE HON. MR. SCARLETT and MR. ELLIS conducted the Prosecution.
GEORGE PRIDDLE . I am a cheesemonger, living in Fore-street. I know the prisoner-about nine o'clock in the morning of 27th of November, he came for a quarter or half a pound of 1s. butter—I served him—heoffered me a bad shilling-be said he knew where he got it; from—I said I should not give it him back-4e went away—I sent. my boy after him, and kept the shilling—hehad got a good half-crown, and would not give it me—I gave the shilling to the officer.
JOHN BELL . My father's name is Joseph Bell, he keeps the Golden Lion, in Fore-street. On Friday, the 1st of December, about eight o'clock in the morning, the prisoner came for a pennyworth of gin—he gave me a bad shilling—I gave him 6d. and 5d. in halfpence—I put the shilling into the till—there was no other money in it—I am sure the prisoner is the person—it was three hours from my putting it into the till to my father's taking it out—I was not in the shop all the time—nobody else was.
Prisoner. There was more silver in the till besides my shilling. Witness. He could not see over—there was no silver—I gave him the last six-pence out of the till—there was none put in from the time I put this in till my father took it out.
Prisoner. He said at Guildhall there was more silver in the till.
JOSEPH BELL . I am the father of John Bell. I went to the till about nine o'clock, on the 1st of December, and found a shilling in it—there was no more there—I took it to pay the green-grocer—he said it was bad—I never lost sight of it—I gave it to the policeman on Monday.
ELIZABETH CROOT . I keep the Grapes, in Fore-street. I know the prisoner—I saw him about half-past six o'clock, on the evening of the 1st of December, at the bar in my house—he came for 11/2d., worth of gin—I served him—he gave me a bad shilling—I saw it was bad, and gave it him back, and he paid me in halfpence—that shilling has not been found since—he put it into the fire, I believe, as it was not found afterwards—I sent for the officer who took him in charge.
WILLIAM HUMPHRIES (City police-constable 12.) I went to Mrs. Croot's and took the prisoner, for trying to pass a bad shilling—I searched him there and at the watch-house, and could not find any thing about him—he had no money—I have the other two shillings.
GUILTY .* Aged 19.— Confined One Year.
HARRIETT BARNETT . I am the wife of William Barnett, and live in Turk-street, Bethnal-green; he is a porter. On Saturday evening I went to Mr. Wellesden's shop in Church-street, to redeem some pledges—I fell something behind me—I put my hand into my pocket, and missed 2s. 4d.—I had seen it not many minutes before—I had just changed a half-crown—I turned round, caught hold of the prisoner, and told her she had taken my money out of my pocket—she said I was deceived—I said, No, I am not, you hussey; I am positive you have robbed me of 2s., 4d."—I kept hold of her, and told her I wanted my money—I told her she had got my money in her hand, and she gave me 2s. 41/2d. out of her hand—she had other money in her hand—she did not admit taking the money.
Cross-examined by MR. DOANE. Q. Did she not utterly deny taking it? A. She said, ". If I have got it, you take it"—she said I was deceived—I did not see her husband at that moment, but he came in—she offered a handkerchief—there were other people by the side of me—my pocket was at my side—there was only her at my side—I was not against the counter—some one was before me, and the prisoner was behind—I was not against a wall—there were not other people at my right hand—I reached round and caught hold of her shawl—I did not want to press this charge, I only wanted my money—this was towards half-past ten o'clock on Saturday night.
COURT. Q. Was anybody near enough to you to take the money but her? A. No one behind.
JURY. Q. Are you sure there was no one on your side? A. Not on my right side—there was a person before me, and the prisoner behind me—rather on the right side—I caught her by her side.
NOT GUILTY .
WILLIAM LOCK . I am shopman to William Marchant, of Oxford-street. At a quarter past eleven o'clock on the 6th of December I was in the shop—I turned, and saw the two prisoners run by the window, and presently saw one of them drop the pair of shoes—they were close together—I could not see which dropped them—they are my master's shoes, and had been hanging just at the step of the door—I had seen them safe a quarter of an hour before—I ran after the prisoners—I did not take either of them, but they were taken.
Watts. He said at the station-house that I took them. Witness. No, I did not—I did not say I saw the big boy stoop—I said one of them did.
WILLIAM LOVETT . I was passing Oxford-street, and saw the two lads—they appeared together, and were talking together—I saw Tyne stop at the prosecutor's shop and take up something—they came towards me, and he dropped the shoes—I said, You d——d young rascal, you have stolen the shoes"—they set off running—I followed them towards St. Giles's, and they were taken before I lost sight of them.
WATTS*— GUILTY . Aged 13.
TYNE— GUILTY . Aged 10.
Transported for Seven Years.
JOHN COWAN . I am mate of the brig Robinson, at Greenwich. On Saturday night, the 10th of December, I was in the Shakspeare, inquiring for a bed—the prisoner asked me if I would go with her—I told her I was married, I did not want to go with her—I wished to go to a private bed, as I was in trouble in consequence of my brother's death—she said she had a good fire, and I might be quiet there—I asked if there was a pen and ink, she said, "Yes"—I went with her, and she had no ink—I put my watch on the table, and went to bed, and left her sitting by the fire—in two or three hours I went to get up, and my watch was gone—she awoke me by coming to bed; I got up immediately and the watch was gone—I asked her where my watch was—she said she could not tell me—I then went to get my clothes on, and my money was gone—I asked her about it, and if she was in need—she said she knew nothing about it—I opened the door and called the policeman—I do not know whether any one else had been in the room—I did not see any one but her—I left her in charge of all my property—I do not know whether she went out while I was asleep—the watch is not found—I valued it, as I had it ever since I was a little boy—it was about three hours after I went to bed, by the officers account, that I was awoke by her coming to bed.
SAMUEL HOOD (police-constable K 70.) I was called in, and searched the prisoner and the room—I found neither money nor watch—I have been to all the pawnbrokers, and used every endeavour to trace it—it is not found—I am not aware that this is a room that others go to—it is a house I never was called into before—the prosecutor was quite sober—I only found 3d. on the prisoner.
Prisoner's Defence. At a quarter to one o'clock I met the man—he went home, and was to give me 2s.—he was in liquor—we went to bed together
—he awoke about five or six o'clock, got up, and dressed himself—he said he had lost his watch and 5s.; and he called in the policeman—I never saw the watch nor money—he said he would give me 2s. in the morning when he got up, but he did not give me any money.
277. JOHN MARTIN was indicted for stealing, on the 2nd of December, 2 shirts, value 6s.; 2 pairs of gloves, value 3s.; 1 prepared hare skin, value 1s.;1 belt, value 1s.;1 pair of braces, value 1s.; and 1 pair of shoes, value 6d.; the goods of James Nixey.
FRANCES NIXEY . I am the wife of James Nixey, a hosier in Totten ham-court-road. On the 2nd of December I had these two shirts and other things hanging at my door—I missed them, and the prisoner was brought back—this is my property.
THOMAS FISHER . I live in Tottenham-court-road. On Saturday night, the 2nd of December, I was coming across the road to Chambers-street, and saw the prisoner looking in at the prosecutor's shop—when I got on the pavement, he snatched these things off, and ran away with them—I gave the alarm—these things were dropped in the street, I believe—I am sure the prisoner snatched them off.
Prisoner. It was another one that took them. Witness. I did not see another, but a person said that there was another one with him—I am sure it was him that snatched them.
Prisoner. I was at work at Mr. Newton's till half-past seven o'clock, and was taken before eight o'clock. Witness. When we took him he said he was out of work—I saw him from half-past six o'clock till near the time he was taken.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor.
Confined Three Months.
278. LAWRENCE DONOGHUE was indicted , for that he, on the 4th of December, 150lbs. weight of lead, value 1l. 4s., of and belonging to Charles Price, and fixed to a certain building, feloniously did rip and break, with intent to steal the same; against the Statute, &c.
WILLIAM GRIFFIN . I live at No. 4, Waterloo-street, Limehouse, and am a policeman. About twelve o'clock at night, on the 4th of December, I went to this workshop and saw the prisoner, and there were ten or twelve feet of leaden pipe turned up, but not cut—it was unnailed from the roof, and the prisoner was there—when I first saw him I took hold of him, and a short scuffle ensued, but seeing I had assistance he laid down apparently drunk and asleep, and we appeared to have a hard matter to awake him—we then got a ladder and got him down, and then he could walk as well as
I could—he said he went there to sleep—I fancy another man went across the roof, but I could not see him.
HENRY HOULTON (police-sergeant K 2.) I was there that night, and saw the prisoner on the roof apparently drunk, and about two feet from him I found this piece of lead, which is the lip of a gutter—it had been broken off, and was about two feet from the place where it bad been fixed—I could not see any other man—I assisted the prisoner down to the watch-house.
Prisoner. He was not at the first examination—he came the second time, and swore he saw me there about eleven o'clock. Witness. I saw him go there in company with a woman about eleven o'clock—I left about three quarters of an hour, and then heard of this—the roof is ten or twelve feet from the ground—he must have had a difficult matter to get there.
Prisoner's Defence, We went to the White Hart, and were drinking till some of us had too much—my wife fetched me about half-past seven o'clock—I got out of the house, this back yard was wide open, and there was a place for a man to ease himself—I went in there, and I do not know what I did—I got up a step too high, and laid my head on the gutter, and these I slept till a quarter to twelve o'clock—every body that walked the street could see me—I have lived seven years in Poplar, and never a man laid their hand on my shoulder—I have a wife and three children—I throw myself on your hands and the Jury.
GUILTY . Aged 27.— Confined Three Months.
SAMUEL PHILLIPS . I live in Union-street, Hoxton. About half-past four o'clock in the afternoon of the 6th of December I was walking along and met the prisoner—she accosted me with some black lead pencils, and asked me to buy some, and kept following me on to the place where she robbed me—she told me a piteous tale, and followed me on—I lost her about Little Britain—she came to me again opposite a friend's, where I was robbed, down by Coppice-row—I had 16s., among which was three half-crowns, in my waistcoat pocket—I was induced to pull out my money to give her a trifle—I took out the whole of the money—I had not put it into my pocket again a moment before she put her hand into my pocket and took out two half-crowns, and ran down a court—I followed her and took her hand, brought her back into Exmouth-street, and gave her in charge of a policeman—she was taken to the station and searched by a female—I said I heard the money chink, and the officer went into the court and found the two half-crowns.
GEORGE FINDLAY (police-sergeant G 4.) I received the prisoner into custody in Exmouth-street—I went back to the place with a light, and found the two half-crowns lying in the court, at the place where the prosecutor described that she went to.
Prisoner, Q. What part of the court was it? A. The bottom of the court.
Prisoner's Defence. I was going by the Post-office—the prosecutor met me and asked where I was going—I said, "Home"—he said would I take a walk with him and have a drop of any thing to drink—I said I would—he went across Smithfield—I said "I must go home"—he said, "Come along, I have got a nice place where we can be quiet"—we
came to a dark entry, and I said, "Where are you going"—he got me down the entry, put his hand into his pocket, and gave me a shilling—I said "There is no public-house here, let us go where there is one"—he said, "Stop, I must have something for my shilling"—I said, "You shall not have any thing to do with me here"—he put his foot behind me and threw me down violently, then he caught my hands and said I had robbed him, he wanted the shilling that he had given me—I said I would not let him have it, he drew me up the court and gave me to the policeman—I knew nothing of the two half-crowns, only the shilling that he gave me.
GEORGE FINDLAY re-examined. These half-crowns were found at the far end of the court from the street—there is no thoroughfare—she did not complain of a dreadful fall—I saw some lead pencils—the prosecutor says he gave her the shilling at the top of the court.
SAMUEL PHILLIPS re-examined. Q. How was it you got to the upper end of the court? A. She ran down the court and I after her—I will be on my solemn oath I had nothing to do with the prisoner*—I gave her the 1s. at the top in the open street, near the railing—she dropped one or two pencils—she had, I suppose, twenty—the place where the money was found was within a yard of the place where I gave her the shilling—I was by the side of the court when I gave it her.
NOT GUILTY .
BENJAMIN WORRALL . I live at No. 1, Coles's-place, Elder-walk, Lower road, Islington, and am a butcher. On the 4th of March, 1836, the prisoner was in company with a man named Widdowson—I knew them both by sight—Widdowson went to a house on the right band side, opposite Mr. Parry's, and the servant shut the door in his face—he crossed to Mr. Parry's, and stood some time, as if talking to a person—I went by, and he was taking the things off the hooks in the passage—I went by, and Widdowson came out with something loose in his arms—the prisoner was waiting for hint, and then Widdowson put the things into the bag and gave it to Moss—I followed them a mile and a half, and then I saw a policeman, who ran down Camden-street, and saw them—the prisoner saw the policeman making up to them, he dropped the bag and ran away—I am quite sure the prisoner is the man.
Cross-examined by MR. ESFINASSE. Q. Had you known him before? A. I had seen him before—I have not seen him since—when Widdow son came out of the house the prisoner was standing at the bottom of the street—I was at No. 3, about as far as from here to the other end of the Court—the robbery was committed five doors up the street—Moss was five doors from where the robbery was—I was asked at the office how far I was from the prisoner Moss when the other man was taken—I did not say I was not nearer to him than a hundred and twenty yards—that I will swear—the policeman might have said that—I had only known the prisoner by sight before—I had seen him six or seven times—I did not know his name—he had got a blue coat and gilt buttons, and, I think, kerseymere trowsers—I was examined last Wednesday on the charge against Moss.
THOMAS PARRY . I live in John-street, Adelphi. On the 4th of March, 1836, I lived in Barnsbury-street, Islington. I remember losing the coat and cloak about eighteen months ago—they were hanging in the passage at that time—this is it.
WILLIAM KERR (police-constable N 131.) About half-past eleven o'clock, on the 4th of March, 1836, I went to Colebrook-row, and saw the prisoner in company with Widdowson, who was tried, and transported for seven years—Moss was carrying a bag, containing these things, which he dropped—I am certain he is the person—I did not take him that time—I was looking after him, but could not find him.
Cross-examined. Q. Did you know him before? A. No—at the first information he was about a hundred and fifty yards, and afterwards about a hundred and twenty yards, from me—I was running—he stopped, looked round, dropped the bag, and ran away.
MR. ESPINASSE called
MICHAEL CURRAN . I am a tailor and breeches maker. I have known the prisoner for about two years—he lodged in my house—I was in the habit of repairing his clothes sometimes—I have not seen him in a blue coat for the last two years, particularly about March—I pass his door ten or twenty times a day—I do not think he could wear one without my seeing him—I think he is a cheesemonger, or something of that sort.
COURT. Q. Where was he a cheesemonger? A. I cannot tell—I never knew any thing bad of his character.
JAMES CURRAN . I am the son of Michael Curran, and am a tailor. I have known the prisoner about two years—I never saw him wear a blue coat during March, 1836—I was in the habit of seeing him every day—he never wore a blue coat—I always considered him a very honest young man, and have repaired clothes for him.
COURT. Q. You have seen him daily, have you? A. Yes—I have occasion to go backwards and forwards to my father—he lived and lodged in the house—I do not know what he is—I understand he was in the butter business, but where I cannot say—he has been lodging in the house with my father about two years, up to the present time—he had left us about a fortnight—I have seen him wear a brown and black coat, but never a blue coat—not for the two years—he lodged in the top room—I must pass his room to go to my father's—my father lives in the top front room—I have generally seen him at home, I cannot swear every day—he wore a brown frock coat, but no gilt buttons.
JOHN M'NEALE . I am a provision dealer, and live at Cock-hill, Bishops gate. I have known the prisoner six or seven years—I know nothing the reverse of his honesty—I was in the habit of seeing him frequently in March, 1836—he had a kind of green frock coat that he wore almost two years.
COURT. Q. It was not a purple coat? A. It was a kind of green frock coat, and he had a kind of black coat after that—a strong black, a kind of Oxford mixture—I think he had the green coat about March, 1836—I cannot say what he had before that—I cannot say that I ever saw him with a blue coat—I cannot say what he had on on the 4th of March, 1836—I used to see him once or twice a week, perhaps three or four times—he was an acquaintance of mine—his father kept a shop in Finsbury—I have known him six or seven years—I might be three months without seeing him—I do not know how he gets his livelihood.
GUILTY .† Aged 26.— Transported for Seven Years.
RICHARD HINTON . I live in Great Peter-street, Westminster, and am an oilman. At half-past five o'clock, on the 20th of October, a female said something to me that induced me to see if there was any hand in my shop—I looked at the door immediately, and saw the prisoner's hand go from the door—some brushes were there—my young man was up at tea—I had to ring the bell, and then I ran after the prisoner and another one—I ran through a court which brought me to Pye-street, very near to the prisoner—I saw my brushes across the prisoner's shoulder—I got very near to him—then they turned round and saw me, and ran off together—these are part of my brushes—I knew him before—I had a distinct view of his person, enough to know who it was—I followed them to some empty houses, and there I lost them—one went in one, and the other another—they ran through the houses, I suppose—I went, but could not find them.
Cross-examined by MR. ESPINASSE. Q. Was it dark? A. It was dusk, about half-past five o'clock.
GUILTY . Aged 18.— Confined Six Months.
282. WILLIAM JACKSON, GEORGE CARTER , and GEORGE HALL , were indicted for stealing, on the 29th of November, 2 casks, value 20s., the goods of Samuel Beale; and that George Carter had been before convicted of felony.
SAMUEL BEALE . I live at No. 7, Chichester-place, Gray's Inn-lane, and am a cooper. On the 28th of November I had two casks safe, en closed in my garden, in Manchester-street, near to where I live—I missed them on the Sunday following, the 3rd of December—I believe these are my casks—(looking at two.)
Cross-examined by MR. PAYNE. Q. How late on the 28th had you seen them? A. I am not positive to an hour, but I believe from three to four o'clock in the afternoon—it might have been rather sooner—there is a mark on them—I have no doubt about them—I do not know Trafalgar square—I have no other name but Samuel Beale—these are my property.
CHARLES ADCOCK (police-constable A 44.) At half-past seven o'clock, on the morning of Wednesday, the 29th of November, I saw the three prisoners coming down Trafalgar-square, Jackson and Carter were rolling the casks, and Hall was carrying two hoops in his hand—I followed them till I met another policeman—then I went to them, and asked where they were going—Jackson said, "I am going to sell them; I deal in them"—I asked him where he got them from—he said he bought them of a person named Jones, living in Kensington—I took them all.
(William Allen, of Camden-street, Walworth, gave the prisoner Jackson a good character.)
JACKSON— GUILTY . Aged 24.— Confined Three Months.
CARTER— GUILTY .* Aged 20.— Transported for Seven Years.
HALL— GUILTY . Aged 20.— Confined Three Months.
EDWARD STEVENS . I am servant to William Leaf and others, of Old Change. The prisoner was their servant also—at half-past seven o'clock last evening I saw him cut a length of hessian and place it under his apron—I gave information to Mr. Brankston, and he was watched—I was present when he was searched, and these three yards of hessian were found on him, under his apron—he had no business with it—it is my master's property.
Prisoner. I am very sorry for it.
GUILTY — Confined Six Months.
GEORGE GUNN . I lodge at No. 18, St. Ann's-court, in the one pair back room, and am a tailor. I was in the Ship public-house, in Wardour street—my wife and a Woman came for me—I went home after that, and was in bed by half-past-nine o'clock—I had a tea-caddy in my room, and this money in it—I was awoke by the door opening, and said, "Who is there?"—no one answered—I got out of bed and saw the shadow of a woman—she stooped down to my table and took the caddy, which struck against the jug and basin—it was die prisoner, she had no business in my room, and she had got the tea-caddy off the table—when she was brought back the policeman had it in his hand.
Cross-examined by MR. PAYNE. Q. Was your door locked? A. No—I have got a young man who sleeps with me, and I cannot lock it till he comes is—I am sure it was the prisoner—I saw her distinctly, and I called out, "Mrs. Roberts, I know you; bring that back"—I opened the door, and said, "Who is there?"—no answer was made—then the figure stooped down level to the table—I said that it was Mrs. Roberts, at Marlborough-street, and I called twice to her to bring it back before I called "Stop thief"—this is my signature—what I said was taken down in writing and read over to me—(the witness's deposition being read, stated that he saw a woman in the room, but not it not that it was Mrs. Roberts, and omitted to state that he saw her stoop)—I do not mean to swear that I told the Magistrate it was Mrs. Roberts I saw in the room—I told him I saw the shadow stoop—the room was not dark—I had put the candle out—there was a gas light from the back which lights into my room—the outer door is always open till the people who occupy the place below are gone to bed, which is about nine o'clock or half-past—there are about six lodgers—the person below brought the prisoner to me.
JOHN HAIL . I lodge at this house, and occupy the shop and parlour. About eleven o'clock this evening I heard the cry of "Stop thief," and found the prisoner with the tea-caddy, and took her into custody—I gave the caddy to the policeman.
Cross-examined. Q. Did you catch hold of her? A. Yes, knowing the caddy—it had belonged to me before—I asked her where she was going, and what she was doing—she told me a woman gave her the caddy, and was gone into the court, I had better go after her—I told her I should
detain her—I sent my son for the policeman, and then took her to the door of Mr. Gunn's room—the outer door was open—I had not gone to bed.
JURY to GEORGE GUNN. Q. Had this woman any business in the room? A. None whatever—she had heard me tell my wife to go and put the money into the caddy.
Prisoner. When I saw him at the shop he was talking to a woman, and then he wanted me to stay with him all night, and I said no.
(Samuel Stuckey, a plasterer, of Pear-tree-court, Shoreditch; and Martha Wynne, of Union-place, New Kent-road, gave the prisoner a good character.)
GUILTY . Aged 44.— Confined One Year.
285. JAMES REYNOLDS was indicted for stealing, on the 30th of January, 480 razors, value 24l. 6s.; 24 razor cards, value 12s.; 24 razor cases, value 16s.; 24 razor strops, value 1l. 3s.; 252 pairs of scissors, value 2l. 7s.; 21 scissor cards, value 10s.; 60 penknives, value 1l. 10s. 4d.; 5 penknife cards, value 2s. 6d.; and 1 packing-case, value 5s.; the goods of Charles Perrott and another.
MR. JONES conducted the Prosecution.
CHARLES PERROTT . Our carman, Francis Frooms, was sent to Mr. Johnson, in London Wall, to fetch two cases of goods, on the 30th of January—I did not know what they were to contain—he returned, sad I found he had only got one—I went to Mr. Johnson to make inquiry, and then gave information to the police.
Cross-examined by MR. PHILLIPS. Q. Have you any partner? A. Yes, I have one.
JOSEPH JOHNSON . I am a cutler, and live in London Wall. On the 30th of January I delivered to Frooms a box containing cutlery worth about 34l.—in consequence of some information I went the next morning with the officer to No. 24, Peerless-row, City-road—the officer searched, and the whole of the property was found under the floor, except one penknife.
Cross-examined. Q. Did you see any body in the house? A. Yet, two women.
FRANCIS FROOMS . I am carman to Messrs. Perrott and Welch, of Tenter-street, Moorfields. On the 30th of January I received two boxes from Mr. Johnson—I put them into the cart, and went straight home, and then missed one box—at the corner of Short-street, Finsbury, a light cart came right across and prevented my going on a few seconds—I then went to home.
Cross-examined. Q. I believe this is the first time you have told about the cart? A. I stated it before the Magistrate.
JOHN M'WILLIAMS (police-constable H 18.) I went to the house No. 24, Peerless-row, with Mr. Johnson—I examined the floor of the passage, and under it I found the property—at the side of the passage there was a sort of cupboard which led under the stairs—I found there a quantity of potatoes—1 had to remove them.
CAROLINE RILEY . I am the wife of John Riley. In January last I lived at No. 24, Peerless-row—I occupied the front room first floor—the prisoner and his wife let it to me—they occupied the two parlours and the
back room next to me—they dealt in coals and potatoes—he kept some potatoes in his shop, some in the yard, and some in the coal cupboard under the stairs—I remember the officers coming to search there—when I came down they were searching the potatoes—on the 30th of January I came down from my room, about half-past six o'clock in the evening, and saw the prisoner and his wife coming up stain with a deal box about this size (about half a yard)—they went with it to their bed-room, which is next to ours—after that 1 saw the street door wide open—the prisoner got into the cart, which was at the door, and said to his wife, "Good bye, I shall be back by eight o'clock"—I did not see him again till he was in custody.
Cross-examined. Q. Had you seen the prisoner before you saw him and his wife carrying the box up stairs? A. No—there is a knocker at his door—the door was open—I saw a man standing in the cart at the door.
MR. JONES. Q. Did the prisoner and that man go away together? A. Yes.
JOHN RILEY . I am the husband of Caroline Riley. I looked out of the window that day and saw the prisoner getting into a cart, and go, away—I had lived in the house not quite a week—I am sure the prisoner is the man.
MRS. LYERS. I am landlady of the house No. 24, Peerless-row. I collect the rent of that house with some others for myself and five brothers and sisters—I know the prisoner—I let the house to him on the 23rd of December—I did not go there between the 23rd of December and the 30th of January—I do not think I saw the prisoner after the robbery was said to have been committed.
HENRY CHARLES BARKER (police-constable H 26.) In consequence of information, I have been m search of the prisoner from January last—I made diligent inquiry and could not find him—I found him last Saturday in the Three Compasses, in Anchor-street, City-road.
MR. PHILLIPS to FRANCIS FROOMS. Q. Did you see the cart? A. Yes, it crossed the horse's head, and I caught hold of my horse's head—there were two driving it, hut I could not see the persons of either.
GUILTY *—Aged 25. Transported for Seven Years.
286. JOB COLBOURNE was indicted for stealing, on the 10th of December, 1 gown, value 2s.; 2 pairs of stockings, value 1s.; 1 bonnet, value 3d.; and 1 handkerchief, value 4d.; the goods of Richard Hodges.
RICHARD HODGES . I was drinking in the tap-room of the White Lion, between eight and nine o'clock, on the 10th of December—the prisoner was on my right-hand side—I had this bundle with me containing all these things—I missed it when I was told of it—I did not see the prisoner go out, but I missed him when I was told of it—the bundle was brought back to me—this is mine.
Prisoner. Q. Did you not give me the bundle? A. No, I did not.
Prisoner. It was by the side of me, and he kept shoving it towards me
—I said Do not push it to me"—he said "You may have it if you like. "
WILLIAM CORNFORD . I keep the White Lion, in Hemming's-row. I saw the prisoner go out with the bundle—I sent my pot-boy out, and followed after him at a distance—he ran down the street followed by my pot-boy I immediately followed at a distance—he was stopped by the policeman—I stated before the Magistrate that he forced himself by me—my pot boy called "Stop thief," and he was taken.
Prisoner. I could not force by him—I was on one side of the bar and he the other. Witness. No, I came round in front.
JURY. Q. What did the prisoner say to you? A. He said the ma had been drinking with him, and would not pay part of what he drank.
JURY to RICHARD HODGES. Q. Had he been long with you? A. I was not in the house a quarter of an hour—I had no previous knowledge of him—he might have drank once with me.
(The prisoner received a good character.)
GUILTY—Aged 23. Recommended to mercy by the Jury.
Confined One Month.
MR. PHILLIPS conducted the Prosecution.
CLARA DENTON . I am the wife of John Denton—he keeps the Golden Fleece wine-vaults, in St. John's-road. The prisoner came to me about nine o'clock, on Tuesday, the 28th of November, and asked for three sovereigns for Mrs. Phillips—I knew Mrs. Phillips—I said "You are Mrs. Phillips's servant"—she said "Yes"—my husband was out, and I gave the money to my bar-maid the next morning—her name is Ann Wilson.
Cross-examined by MR. CLARKSON. Q. Had you known this girl before? A. Only from coming over for the family's porter or ale, for about two months—I knew that she was Mrs. Phillips's servant, but I asked her for fear she had left—she said it was for Mrs. Phillips—1 should net have thought of lending a servant that money—she said Mrs. Phillips had got some young ladies there that were going into the country, and Mr. Phillips would send the money—I sent it next morning by my bar-maid—I am able to swear she did not borrow it for herself.
ANN WILSON . I am bar-maid to the prosecutrix. On Wednesdsy morning Mrs. Denton gave me 3l.—I took it to the prisoner—she came and knocked at the door, and I went to her and gave it her—she said "Tell Mrs. Denton that Mrs. Phillips is much obliged to her, I will bring it over to-morrow, when Mr. Phillips returns from the country."
GUILTY—Aged 20. Recommended to mercy by the Jury and Prosecutrix.
Confined Four Days.
(There was another charge against the prisoner, upon which no evidence was offered.)
OLD COURT.—Thursday, December 14th,1887.
Second Jury, before Mr. Justice Littledale.
288. THOMAS QUINN was indicted for unlawfully, maliciously, and feloniously assaulting John Quinn, on the 15th of November, and stabbing, cutting, and wounding him in his belly, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JOHN QUINN . I am the prisoner's son. I am going on for nineteen years of age—my father lived at No. 20, Drury-court, Drury-lane—he had only part of the house—he is a stone-mason—I lived with him—I had been out all night before the 15th of November, and came home be between twelve and one o'clock in the middle of that day—my father was at home when I came back, and he accused me for being out all night—he asked where I had been—I said to my sister's—I had been there, but was not there all night—when I told him I had been to my sister's, we had a few words, and I made him a saucy answer—he was very much in liquor, and tried to strike me—my sister was there at the time, (but not the same sister at whose house I had been)—she got up between us to make peace, and then he stabbed me with the table-knife which he was eating his dinner with—he was at dinner at the time—we had a bit of a scuffle before he stabbed me—he tried to strike me, but I kept off the blow, and then he stabbed me—I went back—he followed me just by the cupboard—he was eating his dinner with the knife—he stabbed me in the side—I fell down, and do not remember what happened afterwards—I only received one stab—I went to the doctor's, and was then taken to Charing-cross hospital.
Q. Did any blood come from where he stabbed you, before you left home? A. Yes—I remained at the hospital three weeks and better—I insulted my father before he tried to hit me—I gave him a saucy answer—he is deaf.
Prisoner. His sister left her place the same night, and he only took her box up stairs for her, where she lodged—he was in the habit of staying out a good deal—he was only a fortnight in the hospital. Witness. I was better than three weeks in the hospital, but I used to go out for an hour or so, as the doctor gave me leave.
COURT. Q. Did not you go to Clerkenwell? A. Yes, I went down ✗ see my father there, to take him something to eat, but he was not allowed to have it—I do not know why.
Prisoner. He told me I should be liberated next day, if I minded what was about, when I went up to Bow-street. Witness. Yes, I told him so, ✗ I was told so by several people, that he would be liberated next day, if he minded what he was about.
Prisoner. I told him I had nothing to say. Witness. Yes, he did say ✗
JURY. Q. Did you strike your father before you were stabbed? A. No—I raised my hand to ward off the blows—I had no opportunity to get out of his presence—I was at the further end of the room—I could not have got out of the room—I had no thought that he would have done what ✗ did—he did not hold the door, or place himself against it—we were at he further end of the room—I did not stand and provoke him after he questioned me where I had been—I was saucy to him at the time—I was not aware that my standing there would provoke him—he told me to go
out of the room, and I said I would not—my father and I were in the habit of quarrelling previous to this—I had been drinking the night before—I was perfectly sober when I went home—I had drunk nothing that day.
MARY QUINN . I am turned thirteen years of age, and am the prisoner's daughter. I remember the 15th of November last—I sat down to dinner with my father that day, about half-past twelve o'clock—my father was very much in liquor at the time—while we were at dinner my brother came in, and my father accused him for stopping out all night—my brother said he had been to my sister's, to convey her boxes to her lodging—my father still continued accusing him for stopping out all night—my brother then said "Ah!" impudently, and my father thought he said something else, and stood up and made an attempt to strike him—he had a knife in his hand at the time, eating his dinner with it—my brother put his hand to wards him to keep the blow off—I went between them to make peace, and then my father stabbed him with the knife he had been eating his dinner with—he stabbed him in the side, and he fell down—I told him to go to the doctor's, and went with him.
Prisoner. Q. Could he not have run out if he had liked? A. He could have gone out when my father begun upon him at first.
Prisoner. He was in the room before I came in. Witness. No, he was not—my father was very tipsy—he could hardly stand, and hardly knew what happened.
Prisoner. When I asked him what made him stop out, he said, "Ask my a—." Witness. I thought my brother said so.
Prisoner. He has been in prison twice—I did not know what to do with him—he has been twice at the treadmill, and a bad character he is.
CHARLES STEVENS . I am house-surgeon at Charing-cross Hospital. On the 15th of November John Quinn was brought there—I found a wound on his abdomen—it was a small wound—I do not know the depth, as no in strument was introduced to try it—it had been done by some sharp-pointed instrument, and was a dangerous wound—he appeared to suffer a good deal from it—he appeared very faint, and in a very bad state—he was three weeks in the hospital, or it might be more—he was completely recovered when discharged.
RICHARD-MOORE. I am a policeman. On the 15th of November I went to the prisoner's house, in Drury-court, and found him very drunk—I took him into custody—he was standing in Drury-lane when I went up to him—I put my hand on his shoulder, and said, "You are my prisoner—he said, "If I am it can't be helped"—I said nothing more to him at that time, but took him to the station-house, and locked him up—I after wards took him, by the Magistrate's order, to Charing-cross Hospital, for the Magistrate to take his son's deposition—I asked him what he had done with the knife he had stabbed his son with—he said he did not know, he had thrown it away, and had not seen it since—I afterwards found the knife burning on the fire—the point of it was broken off—I could not find the whole of it—I have it here, except the point—I have had the care on it ever since.
Prisoner's Defence. I was going to the doctor's to see how my son was when I was taken—I have been aggravated by him these two years—he has been in prison twice, and has troubled me day and night—I turned him out two months ago, and he fought me, knocked me down, and beat me in my own room—he was away about a month, and got his mother to ✗ me to let him come home again, which I did, and he got as bad as ever
again—lie has been in bad company two or three years; and on this night his sister had left her place, he only took her box up stairs for her, and went away—if he got two or three days' work, he would go off and spend the money—I worked for the late Mr. Sheriff Johnson eighteen years, on and off, and was in his employ on this day.
GUILTY of an assault only. Aged 48.—Recommended to mercy on account of the provocation he received. — Confined Six Months.
Before Mr. Baron Gurney.
289. DAVID GILBERT was indicted for stealing, on the 26th of November, a certain order for payment, and of the value of 6l. 16s. 10d.; another for 3l. 19s. 9d.; another for 3l. 3s.; another for 150l.; another for 3l.; and another for 1l. 19s.; 6 promissory notes of 5l. each; 1 of 5l.; other of 5l.; 3 others of 5l. each; 1 of 10l.; 2 of 5l.; 1 of 10l.; 2 others of 5l.; 1 of 10l.; 1 of 20l.; 13 of 5l.;21 of 10l.; 4 of 5l.; 1 of 10l.; of 5l.; 8 of 10l.; 24 of 5l.; 1 of 10l.; 37 of 5l.;3 others of 5l.; 1 of 10l.; 1 of 20l.; 79 of 5l.; 6 of 10l.; 1 of 20l.; 2 of 50l.;10 others of 5l.;1 of 10l.; 2 of 5l.; 37 others of 5l. each; 4 of 10l.; 8 others of 5l. each; 1 of 5l.; 1 £10 Bank-note; 1 bill of exchange for 15l.; 1 order for the payment of 10l.; another for the payment of 100l.; another for 10l.; another for 2l.; another for 59l. 17s.; another for 5s. 10d.; another for 10l.; another for 58l. 4s.; another for 10l.; another for 28l. 17s. 6d.; another for 3l.; another for 2l.;1 for 5l.; another for 5l.; 2 others for 5l. each; 1 bill of exchange for 8l. 18s. 11d.; another for 4l. 12s.; another for 150l.; another for 48l. 15s.; mother for 15l. 17s. 6d.; another for 29l. 9s. 6d.; another for 25l.; an other for 18l. 8s.; another for 61l. 16s.; another for 24l.; another for 15l.; mother for 73l. 14s.; another for 9l. 8s.; 2 of 30l.; another of 15l.; bother of 64l. 8s.; another of 14l. 10s. 3d.; another of 16l. 18s.; an other of 60l.; another of 20l.; another of 22l. 11s.; another of 35l. 10s.; another of 48l. 6s.; another of 3l. 14s.; another of 25l. 8s.; another of 50l.; another of 20l.; another of 56l. 9s.; another of 14l. 9s. 6d.; an other of 5l.; another of 55l.; another of 10l.; another of 20l.; another of 20l.; another of 15l.; another of 30l.; another of 2l. 10s.; another of 18l. 1s.; another of 20l.; another of 22l. 4s. 8d.; another of 44l. 13s. 8d.; mother of 22l.; another of 17l. 6s.; another of 33l.; another of 30l.; an other of 39l.; another of 6l. 10s.; another of 14l. 14s. 9d.; another of 30l.; another of 87l. 1s.; another of 20l.; another of 80l. 2s.; another of 24l.; another of 18l. 12s. 6d.; another of 54l. 18s. 6d.; another of 30l.; another of 8l.; another 25l. 6s.; another of 50l.; another of 23l. ✗3s. 6d.; another of 20l.; another of 25l.; another of 27l. 12s. 6d.; another of 20l.; another of 97l. 8s. 8d.; another of 32l: 3s.; another of 42l. 8s.; another of 49l.; another of 90l. 10s.; another of 70l. 3s. 4d.; another of 25l. 17s. 6d.; another of 27l. 6s.; and a variety of other bills; the property of James Scan; and 1 carpet-bag, value 5s.; the goods of William Harrison.
Mr. BODKIN conducted the Prosecution.
WILLIAM HARRISON . I reside at Leeds. I acted as guard to the Express coach on the journey up from Leeds, on Sunday, the 26th of November—I took the place of a man named Howard for that journey—the coach arrived at the Bull and Mouth about ten o'clock in the morning—it drove into the yard—I had a carpet bag with me which belonged to myself—I had received from the Yorkshire District Bank two parcels directed to
Williams and Co., London, and another from another Bank addressed to Jones and Lloyd—I placed them in my own bag—when the coach armed in the yard I got down and saw the passengers leave the coach—I had the bag in my hand when the passengers left, and then put it by the side of the coach-office window—a passenger came back to ask for a parcel he had left which had been taken into the coach-office—I then laid my bag down by the coach-office window, and went in to fetch the parcel—I was hardly gone a moment, and when I came back my bag was gone—I saw the prisoner going out the back way of the Bull-and-Mouth with my bag under his arm—that would lead him into Bull-and-Mouth-street—he had a Macintosh cape which covered the bag—he had got about five yards from the coach-office door—I followed and stopped him, and said, "What are you going to do with that carpet bag? that is my carpet bag"—he said a gentleman had ordered him to take it to a cab—I took him into the office—I then said he was a vagabond for taking my bag—he said I was too harsh with him, he had merely taken the bag out of a mistake—a policeman was sent for, who came and took him into custody—he was dressed in a surtout coat, black waistcoast, and had a gold chain round his neck—he had quite the appearance of a gentleman—this it the bag—(looking at it)—the covers of the parcel are now in it—there was no name or address on the bag.
Cross-examined by MR. PHILLIPS. Q. Had you told any body that you had put such valuable property into the bag? A. No—it did not get wind that there was so much property in it, that I know—we had three outside passengers and one inside—some of them were gentlemen—the prisoner said a gentleman had ordered him to take it to a cab which was waiting outside—I did not go out to look for a cab.
MR. BODKIN. Q. How do you receive these parcels? are they brought to you at the coach? A. They are brought by the porters of the Banks to me—persons travelling by the coach might have the opportunity of seeing me receive such parcels—no gentleman came afterwards to ask for any bag, to my knowledge.
JOHN FROST . I am a lace-manufacturer, living in Wood-street travelled by the Express coach from Leeds—I waited till the front boot was emptied'of parcels, and then applied to the guard for a parcel of mine—he left me to go into the office, and brought it out—I did not notice the bag in his hand.
JOHN WADE . I am a policeman. I was sent for to the Bull-and Mouth on the Sunday morning in question, and found the prisoner there—he was given into my custody—I searched him, and found five sovereigns, a silver watch, a pencil case, and a gold chain, on him—I took the bag to Jones and Lloyd's banking-house, and left it there sealed up—I took a receipt for it—I then took the prisoner to the Compter—I got the bag next day from Jones and Lloyd's with my seal unbroken—I was present when the parcels in the bag were opened—they contained a variety of bills, Bank-notes, and promissory notes, which I left with the bankers, Jones and Lloyd, and Williams and Deacon—two parcels were addressed to them containing bills and promissory notes—I left them with their clerks—these are the wrappers of the parcels—(producing them)—the total amount was 11,373l. odd.
presence—it contained country Bank-notes and bills of exchange—I pro duce four £5 notes of the Halifax Joint Stock Bank which were in it among others—I applied the rest of the securities to the accounts of the parties.
JAMES KER . I am clerk to Williams and Co., bankers in London. I produce part of the securities contained in the two parcels addressed to our house—here are four £5 notes of a country Bank—the other securities have been placed to the credit of the Banks.
GEORGE BECKSON . I am clerk to the Yorkshire District Banking Company in their establishment at Leeds. I saw these two parcels, which are addressed to Williams and Deacon, sent off—they contained a variety of securities and bills of exchange—I cannot say whether these notes were among them, but there were such notes.
WILLIAM BACE . I am clerk to Bush and Masters, solicitors for the prosecution. I produce a certified copy of a return made to the Stamp office respecting the Yorkshire District Bank—I saw it signed by a com missioner of stamps—(this being ready James Scan was named as one of the principal officers.)
JOHN ELLIS . I am principal watchman at the Bull-and-Mouth. I know the prisoner by sight—I have seen him several times at the Bull-and Mouth—I think I had seen him somewhere within a week of the day the parcel was stolen, hut I will not be positive—he was walking about there like a gentleman, leisurely—I took him to be a respectable gentleman.
GUILTY . Aged 43.— Transported for Seven Years.
Before Mr. Justice Littledale.
290. THOMAS BROWN was indicted for feloniously breaking and entering the dwelling-house of Thomas Burrows, on the 9th of December, at Feltham, and stealing therein 1 cask, value 3s.; and 9 gallons of elder wine, value 17s.; his property.
THOMAS BURROWS . I live at Feltham, in the parish of Feltham, in Middlesex, and occupy a house there—I am a labourer, but am not able to do any work now. On Saturday evening, the 9th of December, I locked my house up, and came away—I went down to my son's to get shaved—I returned at a little after nine o'clock, and found the house broken open—I have two doors, both of which I had locked up, and I found both broken open—both the staples were drawn, and one broken—there was plenty of victuals in the house, but I missed nothing but a cask of elder wine out of the room I live in—I have a room to myself—my son lodges with me—I am the housekeeper—there were nine gallons of wine—I saw my cask afterwards at the prisoner's house, about one o'clock on Sunday morning—I have known him from his infancy—he lives thirty or forty yards from my house.
Prisoner. His son, who lodges with him, came and asked me to fetch it from his house.
ROBERT JAMES THORPE . I am a constable of Feltham. In consequence of information, I went to the prisoner's house last Saturday night, between eleven and twelve o'clock—I saw the prisoner, and asked him if he had a cask of elder wine in his house which did not belong to him—he said, "No"—I searched the house, and seeing the earth fresh under the stairs, as if it had been removed, I had the coals removed, and saw a sack—I had the sack re moved, and then saw the cask, which I produce—I have had the care of it
ever since—it is fall of wine now, as I found it—the prosecutor came while I was there, and claimed it as his property—I took the prisoner into custody.
Prisoner. Q. Now, William, did you not come to me last Wedneaday evening? A. No, I did not.
ELIZA BURNHAM . I made the wine, on the 25th of October, and put it into the cask—I know the cask by the bulge at the head of it—I am the prosecutor's daughter, but do not live with him—I made the wine for him.
Prisoner's Defence. The prosecutor did not see the wine in my house—he saw it out in the yard, and he has sworn he saw it in my house.
GUILTY. Aged 29.—Recommended to mercy by the Prosecutor. — Transported for Ten Years.
Before Mr. Baron Gurney.
GUILTY . Aged 26.— Confined Six Months.
Before Mr. Justice Littledale.
GUILTY on the 2nd Count. Aged 24.—Recommended to mercy, having a previous good character. — Confined Three Months.
NEW COURT.—Thursday, December 14th,1837.
Sixth Jury, before Mr. Common Sergeant.
MR. BODKIN conducted the Prosecution.
THOMAS THOMSON . I live at No. 44, Cotton-street, Poplar, and am a sailor. I came from sea. met the prisoner, and asked him to show me some place to sleep at—I was quite sober when I fell in with him—I had then a watch, three sovereigns, and two half-sovereigns—I proposed to drink with him, being an old friend of mine—I ordered something to drink—I got drunk, and asked him to take me to sleep, not being much acquainted with places—after being asleep some time, I awoke, and he was not there—my watch and money was gone—I did not give him the watch—I was
tipsy, and I cannot tell whether I did or did not, because having known the man for years, I had that dependence on him.
Cross-examined by MR. PAYNE. Q. H ow long have you known him? A. I dare say five or six years—I might or might not give him the watch; to the best of my recollection I did not give it him to take care of—not on the road to the lodging-house, that I swear—I recollect in the street the prisoner said, "Thomson, give me your money;" but the reason I could not give it him, or he could not get it, I cannot say—it is very probable it was because it was in my fob—I will not swear that was not the reason—I recollect nothing about it—this is my signature to these depositions—(looking at them—read)—"To the best of my recollection, on the road to the lodging-house, he asked me to give him my watch to take care of—I gave it him—he asked for my money at the same time, but it was in my fob—I could not get at it. "
Q. Now then, having heard this read, will you swear now that it was not because your money was in your fob, and you could not get at it that you did not give it him? A. I will swear I was quite intoxicated at the time—I do not know whether I should have given it him or not, but I think it is probable I should—I have known him many years, and always considered him an honest man—he has been in the house with me before.
JAMES HUNT . I am a baker, and lodge at No. 5, Church-lane, White chapel, that is a coffee-shop. I remember, at half-past six o'clock on Saturday, the 9th of December, the prosecutor being brought there by the prisoner—the prisoner came into the coffee-room himself first, and then went and fetched the sailor, who was very tipsy—the prisoner appeared to have been drinking, but was quite sober enough to recollect what he was doing—the landlord asked me to assist the sailor up stairs, and I did—after that the prisoner said, "You may go down now, I will manage him"—I said "No, I would rather stop and see him into bed"—I did not leave him—I assisted to support him upright until the prisoner took off his coat and waistcoat—then we sat him on the bed—he took off his white trowsers—in taking them off, some money rattled in the pocket on the floor—it did not fall on the floor, but when the trowsers came on the floor there was money in the pocket—it was gold by the rattle, as far as I could judge—after he was put to bed, the prisoner went and took the trowsers off the chair—he said, "I must take care of this money for him"—he took the trowsers off the chair, and took the money out, and dropped a half-sovereign, and picked it up—that was the only money I saw—I said if he would put the trowsers under his head it would be quite safe, no person would have access to the room but himself—he did not do that—he took the money down—when I came down, he said he had got 4l. 10s. in his pocket, and took the money out in his hand—he then inquired for a bed for himself, and was told they were full—he said he would call in two or three hours, or otherwise he would call in the morning at eight o'clock—he then went away—he did not say where he lived—I did not see him again until the next evening at the station-house.
Cross-examined. Q. Who told the landlord that the prisoner had the money? A. The prisoner himself—he took the money out in his hand, and asked for a bed—he had been drinking, but was perfectly sober to as sist this man to bed.
THOMAS GREEN (police-constable H 86.) At half-past twelve o'clock on Sunday last, a description was given to me of the prisoner—in conseence of that I searched for him, and found him in Ratcliffe-highway
about a quarter to nine o'clock on Sunday night—I believe that is half a mile from the coffee-shop—I went and asked him his name and address—he would not tell me—he said that was his business—I took him to the station-house—I did not tell him what for until I got to the station-house—I asked him what he had done with the watch—he denied all know ledge of it—he said he did not know—he would hardly speak—I said, "What have you done with the man's watch?"—he said, "I don't knot what you mean"—I said, "What have you done with the man's watch that you have taken away, and his money?"—he would not make me any answer—he was in liquor, but he was able to walk—I proceeded to search him, and found this watch, a shilling, and a halfpenny, but no sovereign, nor half-sovereign—he gave no account of the watch.
Cross-examined. Q. Was he not drunk? A. Yes, he was—he was unwilling to speak—I found the watch in his fob, with the guard round his neck—I stated before the Magistrate that I asked him what he had done with the watch.
(The witness's deposition being read, omitted to state that the witness had asked the prisoner what he had done with the man's watch.)
Q. Now tell me whether you said one word to the Magistrate about your having asked him what he had done with the man's watch, and he denied all knowledge of it? A. Yes; he denied it—I told the Magistrate so—the depositions were read over to me—I told the Magistrate he had not pot that down—he refused to put it down—I told the Magistrate that he would hardly speak, and said he did not know—I did not tell them, when it was read over to me, that they had left that part out—I do not know why—I thought he thought proper to leave it out—the prisoner was going towards St. Katharine's Docks—I know where he lodges—he seemed to be coming away from there—he was about twenty perches from his lodgings.
(John Smith, a mariner, gave the prisoner a good character.)
GUILTY. Aged 35.—Recommended to mercy by the Prosecutor.
Confined Three Months.
MR. BODKIN . conducted the Prosecution.
JOHN EDWARD WELCH . I am shopman in the service of Mr. William Henry Norton, who keeps a warehouse in Pickett-street, Strand. At half past seven o'clock on Monday evening, the 27th of November, the prisoner came and took down a piece of gambroon from a shelf—I said, "What are you doing?"—he said he wanted ten yards of gambroon for Mr. Mason, of Bell-yard—I said what was it for—he said for making shoes, or something of that kind—I said that would not do—I took down this and showed him the plain gambroon—he looked at it and said be thought that would do—I folded it up and placed it on the counter—there was eight yards and a quarter of it—he then said he wanted eight yards of flannel at 2s. a yard—I asked him who it was for—he told me Mr. Mason of Bell-yard, and asked if he should send the potatoes in this evening-! told him I did not know any thing about them—I know Mr. Mason—Mr. Norton deals with him for potatoes—he said the flannel was to be sent to Mr. Mason in Bell-yard—I turned to the book to enter the order about the flannel—whilst I was doing that I saw him take up the gambroon and
turn towards the door—I was rather suspicious of him, and asked my fellow clerk if he thought it was all right—I stopped the prisoner from going out with the gambroon—I went to Mr. Mason, and then went after the prisoner, and traced him to a grocer's near St. Clement's.
COURT. Q. Had you booked the gambroon? A. No, I did the flannel.
Prisoner, You said that I took a piece and said it was to make shoes, and you gave me another piece, and then you said you took it off the counter, and you said Stop, I will put it in some paper." Witness. You took it off the counter first.
WILLIAM MASON . I live in Bell-yard, and supply Mr. Norton with vegetables. I have seen the prisoner about the market assisting people—I never authorised him to go to Mr. Norton for any thing for me in my life.
Prisoner. Q. Was not I in your house the night this took place? A. Yes, but you said nothing to me about this.
Prisoner, Q. What was I doing when you took me? A. You had got six pounds of sugar and one half-pound of tea at a grocer's shop.
GUILTY . Aged 18.— Transported for Seven Years.
(There were three other indictments against the prisoner.)
WILLIAM POOLE . I am in the employ of Isaac Hemsworth, and another—they live in St. Martin's-lane, and are curriers. At a quarter to seven o'clock on the 9th of December last I was in Maiden-lane, Wood-street, with my cart—I had a parcel in it containing six skins of japanned leather—some one gave me information and I found it was gone—this is it—it was dropped in the mud.
ELIZA MACKLIN . I am the wife of Patrick Macklin, living in John's street, King-street, Snow-hill. I was standing in the street selling fruit, and saw two men—one put his hand in the back of the cart, and took out a long parcel, and gave it to the other man—I should not know either of them—they seemed like two gentlemen—it was dark—I could not see the size of the men.
THOMAS CREWS . I live in Maiden-lane, and am a baker. At half past six o'clock in the morning a woman came into my shop and gave me information—I looked about, went to the door, and saw two decent-looking young men—a baker pointed one out with a parcel under his arm, which I have every reason to believe was the prisoner—as soon as they saw me coming they ran away, turned up Gutter-lane, and the prisoner was taken directly afterwards and brought back to my shop—I am perfectly satisfied that was the man I saw before, and that it was the prisoner.
Prisoner. You said you thought so. Witness. I was perfectly satisfied by your dress and appearance you were the man—you had the parcel before you threw it away—when I came out you saw you were perceived and you ran off—there were very few people near the spot at the time.
Prisoner. You said you only believed I was the person. Witness. I have not the slightest doubt about your identity.
Prisoner. I was passing and heard the cry of Stop thief"—there were
several running, I ran also, and was stopped by a person and given in charge—I wish to ask whether I made any resistance.
GUILTY . Aged 40.— Transported for Seven Years.
GEORGE WALL . I am a waiter at the Swan, Hungerford-market, Strand, and Mr. John Howard is the landlord. At half-past five o'clock on the afternoon of the 8th of December the prisoner came to the coffee room and called for a small glass of wine and water—he then asked to be shown the water-closet—I then went into the carpet-room, and while there I saw the prisoner pass with two pictures in his hand—they were my master's—he had no right whatever with them—I sent for a policeman and took him.
(The prisoner received a good character.)
GUILTY. Aged 28.—Recommended to mercy by the Jury and Prosecutor.
Confined Four Days.
GEORGE SCOTT . I live in Moor-lane, and am a stable-keeper. I have a kitchen and stable covered with lead—I saw it safe on the 11th of December—I was at supper between ten and eleven o'clock that night, and began to hear a rumbling over head—I went and looked and found the prisoner on the roof—I asked what he did there—he said I am looking after some pigeons"—I took him into my workshop, and then examined all round the skylight and gutter, and found, about two yards from where I took him, these rolls of lead, weighing about twenty-six pounds—I am sure it is mine.
GUILTY . Aged 15.— Transported for Seven Years.
GEORGE MOODY . I live in Tower-street, St. Martin's-lane, and am a broker. About three o'clock on the afternoon of Friday, the 8th of December, I had a brass table-lamp just over the sill of the door—I went out and returned home about five o'clock, and my wife told me she had lost the lamp—by direction of a lad, who had seen three people go away with it, I went in search of them, and found the two prisoners walking up St. Andrew's-street, Seven Dials—I could not find the lamp and shade—I gave them in charge of the police.
JOHN JONES . I live in Tower-street. On the 8th of December I was minding Mr. Moody's shop—he is my father-in-law—I saw the two prisoners walking up and down the street for five minutes talking together—M'Grath took the lamp, ran away, and then all three ran away—I went
in and told my mother—I am sure these are the boys—it was about half past four or five o'clock on Friday night.
Bryant's Defence. I was not there at all—I did not see any thing of the lamp—I was going home, and this man came and collared me.
M'Grath's Defence, I never saw any lamp, we were going home about half-past seven o'clock, and the gentleman came and took us—I will take my oath I was not near the street—I never saw any lamp at that time.
BRYANT— GUILTY . Aged 16.
M'GRATH— GUILTY . Aged 17.
Confined One Month.
299. ELIZABETH SULLIVAN was indicted for stealing, on the 3rd of December, 1 watch, value 1l. 10s.; 3 watch keys, value 6d.;1 split ring, value 1d.; and 1 watch-ribbon, value 1d.; the goods of John Roswarne, from his person.
JOHN ROSEWARNE . I am a sailor. On the 3rd of December I was half tipsy, and met the prisoner—I went to her lodgings, and went to bed—I had a watch—I kept it in my fob—it was safe when I went to bed—I did not take off my trowsers—I took the watch out as I was going to bed, and it was eleven o'clock—I awoke in the morning, before daylight, and my watch was gone—I called the policeman, he came, and could not find it, but he searched the yard and found it in a dunghill—she was in bed when I awoke—this is my watch.
Prisoner. You was very tipsy, and said you were so tipsy you could not go to bed—you came home with me, and I helped you off with your jacket—you asked me if there was a water-closet, and went into the yard to the water-closet. Witness. No, I did not go out of the room.
Prisoner. There was a man saw him fumbling about the ashes, and the man came and said, I will not go near him, he has hidden something"—he came up into my room and bad plenty of silver—he did not lose a penny in my room—I asked him if he had lost any money—he said "No, only my watch"—I said, You will recollect where it is, and what you have done with it" Witness. No, she did not.
THOMAS WEIGHT (police-constable K 72.) I was sent for on the 3rd of December—the prisoner denied all knowledge of seeing the watch—I went into the back yard, and the prosecutor said, If you come back she will make it up with you"—I took a stick and found the watch buried about three inches in the ashes—I came and took her—she said, in going along, that she would give me a glass of rum to make it up—J said, I did not do my duty in that way. "
Prisoner, I had no money to treat you with—you said you would give me a lifter here—he said to the Magistrate, I know her a noted character. "
Jury to JOHN ROSEWARNE Q. Had you any money? A. Yes, 10s. when I came on shore, and I had two half-crowns safe in the morning—what I gave her I cannot tell.
GUILTY. Aged 33.—Recommended to mercy by the Jury.
Confined Six Months.
Court-road. On the 12th of December I was at dinner in the kitchen—the prisoner came, and unhooked the stockings from the outside, and put them under her cloak—I ran up, saw her with the stockings under her cloak, and took her back to the shop.
Prisoner. Q. How could I do that when I had some bread in my lap? A. You had, and the stockings under the cloak also—there were three men in the kitchen, and all saw the stockings under your cloak—one went with me, and his evidence was not required.
Prisoner, He did not take me into any shop—I am a poor old woman, and never stole any thing in my life—on this afternoon I went to Mr. Jones's to get some bread—I came out with it, and had it in my apron in coming down Chapel-street I passed and saw these things lying along the place—I never put my hand on any thing—this man came and pushed me aside, and down at my feet laid the stockings—it is not likely I could have taken them with two loaves in my lap—the young man came and took me, and called the police.
Jury to JOHN EVANS. Q. How high were these up? A. About two feet from the ground, hanging by this string—when she got outside she had not got them sufficiently far under her cloak, so that I saw them.
GUILTY. Aged 63.—Recommended to mercy by the Prosecutor.
Confined Four Days.
GUILTY — Confined One Month.
302. JOSEPH HOWE was indicted for obtaining, by false pretences, from Alfred Plater, 2 sovereigns, 1 half-sovereign, 2 half-crowns, 3 six pences, and 3 pence, 2 orders for the payment of 5l. each, and 1 promissory note for the payment of 5l. the monies and property of John Cross.
ALFRED PLATER . I live in Providence-row, Cambridge-heath, and am clerk to John Cross, a salesman at Lead en hall-market. On the 16th of November the prisoner came to me and asked for Mr. Baker's account—we sell for Mr. Baker, and have to pay him money—he represented himself as coming from Mr. Baker—I had known him before, and had paid him money for Mr. Baker—I told him it was not quite ready—he said he would call again—he called—I paid him two £5 cheques, a £5 note, and some cash, amounting to 17l. 16s. 9d.—there were two sovereigns, one half-sovereign, and two half-crowns—I paid it him believing he called for Mr. Baker, as his servant—if I had not believed it I should not have pad him.
JAMES BAKER . I live in Backchurch-lane, and am a butcher. The prisoner was in my service more than twelve months ago—he was not so on the 16th of November—I did not authorise him to get this money—I did not receive it.
Prisoner. I have nothing to say—I am very sorry—I took it and spent it.
GUILTY . Aged 23.— Confined Two Years.
Before Mr. Common Sergeant.
303. THOMAS MAXWELL and CHARLES PECK were indicted for stealing, on the 3rd of December, 2 pairs of trowsers, value 11s.; 1 smock-frock, value 4s.; and 1 pair of shoes, value 5s.; the goods of John Anthony Shepherd.
JOHN ANTHONY SHEPHERD . I belong to the ship Maitland, which is in the river at Deptford. (I gave the name of John instead of John Anthony before the Magistrate)—between three and four o'clock on Sunday, the 3rd of December, I went down to my box to get a jacket and go on shore I discovered that my box had been broken open and the articles stated stolen—I had seen them in the morning about eleven o'clock—this is my property—I had seen the prisoners that day—they belong to the ship—they went on shore in the morning and the afternoon.
WILLIAM SMITH (police-constable R 49.) On Sunday the prosecutor came to me and told me he had been robbed by his shipmates—I went to a public-house and found the two prisoners—Maxwell was sitting on the table tying up the bundle, and Peck was a short distance off—I asked Maxwell if the bundle belonged to him—he said, Yes"—I said, You can tell me what is in it?"—he was then confused—I took the shoes and asked if they were his, and he made no answer—I then asked Peck if they were his—he said nothing—I gave them to the prosecutor—he said they were his.
Peck. I said the handkerchief was mine, nothing else. Witness. No—he said every thing the bundle contained was his—I then went to the station-house—in going along he said he would tell me the truth, and he told me that he saw the other prisoner, Maxwell, go to the box and take the things out, but he did not know whose box it was.
CONRAD EDWARD BEIDERBECK . I was working the ferry at the water gates, and took several of these men off—they would not pay me when I got them off—in the afternoon I saw my partner bringing these two prisoners on shore—I rowed off and told him not to land them till he got the money—Peck came into my boat, and said, Don't make a noise, I want to raise the wind upon these things, and then I will pay you"—he told me what this bundle contained, and said my mother or my grandmother dealt in wearing apparel, and would she buy them—I said, probably my mother might buy them.
Peck. He took us on board in the morning—we had nothing to pay—I told him I dare say I had something I could raise the wind on—I was going on shore after dinner—I went down to get a pair of drawers and a blanket—while I was there Thomas Hunter asked me for a handkerchief to take something on shore in—I brought it him—he said, I have enough to take on shore to get money to pay the man for the passage, and some thing to drink"—he came up, gave me this bundle under my arm, and asked this man if his mother or grandmother would buy the things, and then he told me—I went to Hunter, and we went to the Blue Bells—we had two pots of beer, and while we were finishing the second pot Hunter went to the landlord we had left the bundle with, and while another man was putting in a pair of trowsers the policeman came in—I said the handkerchief
belonged to me, and Maxwell said the things were his—I told them, as we were going to the station-house, that Tom Hunter had given me the bundle, and then Hunter said he would see it all righted, but when he got to the station-house away he bolted, and since then he has committed a robbery of 10l.
Maxwells Defence. On Sunday, the 3rd of December, the boatswain called me and asked me if I liked to go on shore—he said, "Have you got any money?"—I said, "No"—he gave me 5s. or 6s.—I came on deck to look for a porter, and saw this man in the boat—I jumped into the boat and went on shore—there was a row with them and the waterman—I gave the waterman 10d. and said, "Come into this public-house and have a drop of beer"—I went out to get some tobacco—I went in and there was another man by the side of me, he had a pair of trowsers under his arm, and this bundle was put on the table—I said to the man, "Why don't you put the trowsers into the bundle?"—I took the bundle, opened part of it, and then the officer came in—this man never told me that it was his bundle till after we got to the station, and then be told the officer to go on board the ship—this other man has gone off, and we have never heard of him since—I lost my coat at the same time—the Magistrate sent for Hunter, but he was gone—I was only two days in the ship—I had money in my pocket at the time.
NOT GUILTY .
CHARLES JAMES FOX . I am shopman to Mr. Lewis Davis and another at Woolwich. On the 25th of November I had a saw hanging under the window—I missed it—this is the one that was lost on the 25th of November—(looking at it.)
Prisoner. A woman gave it to me—she is a traveller.
GUILTY .— Confined Six Months.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
WILLIAM JACK MAN . I live with Henry Humphries, who keeps a wine vaults at No. 118, High-street, Borough. I saw the prisoner there on the 2nd of December, about ten o'clock at night—he had two women and a man with him—he called for a quartern of gin—I set it on the counter with a glass—I had to go back to serve another customer with some vinegar—I turned
and was informed that the prisoner had gone oat—I went out, but did not see him—I met an officer and went after him—we caught him by the Town-ball—we brought him back to the house, with his friends, and he gave me the glass into my hand into the shop—when he got in he put the I measure behind him on the form—I saw him do so—he took it from behind I him—I do not know whether it was in his coat pocket or not, but he took I it from behind his coat.
Prisoner. I gave him up the measure and glass, but if I had been a mind to have gone off, I could—my friends had gone off who I were to pay for the liquor, and I went after them—I had no thought of Í stealing the glass or the liquor, and I said so at the time. Witness. The people went with him—when we brought him back, he said be meant to go and get some more money, but he had got a hundred yards off, and that was not his way home—his friend paid for the liquor after we brought him back.
COURT. Q. Who had been drinking? A. They all drank inside the house before they went out—they all went out together, but I did not see them go out—when the prisoner came back be said he meant to pay for it—that he meant to get some more money, but the liquor had been all drank.
JURY. Q. Did he make any resistance? A. No—he came back quietly.
WILLIAM SOPP (police-constable M 162.) I saw the prisoner standing at the door of the prosecutor's house—he had the measure in one hand, and the glass in the other—I did not follow him, but passed on to the end of King-street—I waited there, and the prisoner and the other passed me—I returned, towards the shop, and met Jackman, who said someone had carried off a measure and glass—I told him the way they had gone—we started in pursuit of them, and stopped them near the Town-hall—the prisoner denied having any tiling of the kind in his possession—I brought them back, and he delivered up the glass—he took the measure from somewhere behind, and placed it on a seat behind.
Prisoner. I said to the young man, "It is all right—I have got it."
WILLIAM JACKMAN re-examined. When he came into the shop, he said so—I had not heard him speak to the policeman—I was running after a woman who I thought tried to escape, and I brought her back—I saw the prisoner put the measure behind him in his hand—he did not say a word.
Prisoner's Defence. I was in company with some friends, and was nearly intoxicated—I never meant to steal the glass, or 1 had time to escape with it—I would hardly steal a thing so useless, and of such small value.
WILLIAM JACKMAN re-examined. He had had a little drop, but he did not seem very bad—he appeared to know what he was about very well—I Have never seen him at our house before to my knowledge—his friend paid for the liquor at the station-house.
NOT GUILTY .
Before Mr. Common Sergeant.
WILLIAM RANDALL . I am in the employ of John Coates, of Long-lane Bermondsey, a tanner, the prisoner is also in his employ. At half-past three o'clock, on the 9th of December, I followed him off my master's premises, and detained him till a policeman came, and found these five skins on him—they are my master's—he had no authority to take them of the premises—the prisoner told Mr. Coates in my presence that he took them to sell.
Prisoner, Q. Did you see me take them off the premises? A. No but you were walking off with them.
GUILTY . Aged 50.— Confined Six Months.
ANN HOLLOWAY . I am the wife of Matthew William Holloway, and am a laundress; I live in Denmark-road, Camberwell. On the 6th of December I hung out six handkerchiefs, and about two o'clock they were gone—these are my handkerchiefs.
Priest. I bought the ticket from a lad.
Harry. I bought the tickets.
PRIEST— GUILTY . Aged 19.
HARRY— GUILTY . Aged 19.
Confined Six months.
JOHN LOWRIE . I am servant to John Theobald, of Stock well-lane. I had a pail of his, about five o'clock on Saturday night, at the stable-door—I missed it on Sunday morning, about seven o'clock—this is my pail—the policeman took it to the station-house.
Cross-examined by MR. PAYNE. Q. How far is the stable-door from the prisoner's house? A. About fifty yards—it was outside the door—I did not see it until the Sunday morning, when the policeman took me to the station.
WILLIAM JOHNSON . I am a policeman. I went to the prisoner's house on another occasion, and found this pail in the little back bed-room, where he was—he said it was not his—he said he took it from the front.
NOT GUILTY .
the 9th of December—I kept them in the back part of my house, enclosed in a fence three or four feet high, in a field belonging to Mr. Theobald—the prisoner lives three doors off—I did not lend or borrow any ducks of him—I saw them next in the officer's possession, about a quarter before twelve o'clock the next morning—they were mine—the heads of two were cut off—one remained on—I have no doubt they were mine, from some particular feathers—I reared them from ducklings.
Cross-examined. Q. How long had you had them? A. Upwards of two years—the place where they were kept is about thirty yards from the prisoner's back premises—I saw my own ducks between nine and ten o'clock on Saturday, and I saw these before twelve o'clock the next day—one duck may be like another—I can swear to their heads—one is a brown head—that is not unusual—this is it—there is a peculiar black mark on the beak—they are of one nest, and resemble each other—the other heads are brown and speckled—that is all I know them by, and I swear to the feathers of these two ducks.
WILLIAM JOHNSON . I am a policeman. I went to the prisoner's house and traced these feathers from where they were stolen, to the back of the prisoner's premises, and that led to the discovery—the prisoner was in his back bed-room—he seemed to wish me to keep back, hut I went in and found the three ducks, and two ducks' heads were in the pail—I asked if they were his—he said yes, he had bought them of a man in the Brixton-road for three half-crowns, at twenty minutes to sir o'clock—I said—"Where are the feathers you had?"—he said, "I had none"—I took some logs of wood off the fire and found a quantity of feathers there—I took them out of the fire, and they are similar to what I traced.
Cross-examined. Q. Did you put down his answer? A. No—I have had no other cases since, I am sure I am not mistaken about the time—the feathers I traced on the track were the same at those I found in the prisoner's house—they are of a similar kind—they appear as if from the neck, and their being ducks' feathers made me go over the fence—I traced feathers for about thirty yards, and I saw the foot-mark where it is an unusual thing for people to go over, and then I went to the prisoner's house.
GUILTY. Aged 35.—Recommended to mercy by the Prosecutor.
Confined Six Months.
NOT GUILTY .
NOT GUILTY .
ADJOURNED TO MONDAY, JANUARY 1ST, 1837.